Manitoba Tenant Guide: Navigating Eviction Issues

Facing eviction as a tenant in Manitoba can feel stressful and uncertain. Understanding your rights, the correct process landlords must follow, and how to protect yourself under Manitoba’s law is essential. This guide gives tenants in Manitoba up-to-date, plain-language answers on eviction issues and important steps you can take if you receive a notice or face challenges in your rental.

Understanding Eviction in Manitoba: What the Law Says

In Manitoba, landlord-tenant relationships are governed by the Residential Tenancies Act (RTA)^[1]. The official body that resolves rental disputes and oversees evictions is the Residential Tenancies Branch (RTB).^[2] Landlords cannot evict you without following procedures set out in the Act. Most importantly, only the RTB, not your landlord, can order you to move out if you contest an eviction.

Legal Reasons for Eviction

Your landlord may only evict you for reasons allowed by the Residential Tenancies Act, including:

• Not paying rent on time
• Serious damage to the rental unit
• Repeated late payment of rent
• Illegal activity or endangering others
• The landlord or a close family member wants to move in
• Major renovations or demolition

Each reason has its own required notice type and timeline. For example, eviction for non-payment of rent usually requires at least 5 days’ written notice.

Eviction Notice Forms and What to Do

If your landlord wishes to evict you, they must use official notice forms from the RTB. Common forms include:

• Notice of Termination by Landlord (Form NRTB-2): Used when a landlord wants to end tenancy for reasons like unpaid rent or breach of the agreement.
  Example: If you miss rent for June, the landlord serves this notice to start the eviction process.
  Get the official form here.
• Application for an Order of Possession (Form RTB-10): If the tenant does not leave after the notice period, the landlord files this with the RTB.
  Example: You have not moved out after a valid notice expires; the landlord can file this to ask the RTB for an order.
  See and download the form.
• Tenant’s Request for a Hearing (Form RTB-12): Used by tenants who want to dispute an eviction or application for an order of possession.
  Example: You believe the notice is unfair or not legally valid, so you file this form quickly with the RTB to get a hearing.
  Access this form here.

Action Step: Always act quickly after receiving any notice. Check that the form used is official from the RTB. If you disagree with the notice, file a Request for a Hearing as soon as possible—delays can reduce your legal options.

Timeline for Evictions

Eviction timelines depend on the reason for the notice. For non-payment of rent, the landlord can serve a 5-day notice. For other causes (like repeated late payment or damage), notice periods are often 5–14 days. If you do not leave, your landlord must apply to the RTB for an Order of Possession—the process may take a couple of weeks, during which you can still request a hearing.

Your Rights and What Landlords Can’t Do

• Your landlord cannot evict you without going through the RTB if you contest the notice.
• Your landlord cannot change the locks, remove belongings, or harass you to leave, even after giving notice—this can be reported to the RTB.
• For issues with repairs or maintenance, including unresolved complaints, see How to Handle Complaints in Your Rental: A Tenant’s Guide. If you are considering stopping rent due to severe issues, always consult the RTB first.

For detailed information on both tenant and landlord rights in your area, consult Tenant Rights and Landlord Rights in Manitoba.

If you receive an eviction notice, do not panic. Carefully check the reason, the dates, and whether the correct form was used. If in doubt, call the RTB for help.

Common Issues During Eviction Processes

Tenants often face challenges such as not understanding their notice, missed timelines, or needing support. Document everything (notices, emails, dates). If your tenancy is ending, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit for steps to protect your rights and your security deposit.

If You Think the Eviction is Unfair: Challenging an Eviction

You can dispute an eviction by filing a Tenant's Request for a Hearing (Form RTB-12) with the RTB before the notice period ends. At the hearing, both sides can present their case, with an impartial RTB officer making the final decision. Preparation is key—bring all relevant documentation, communication, and witnesses if possible.

Key Steps for Tenants:

• Carefully read your eviction notice for errors (wrong dates, missing reasons).
• Contact the RTB with questions or to get clarification on your notice or next steps.
• Submit the Tenant’s Request for a Hearing as soon as possible if you want to dispute the notice.
• Attend the hearing or submit written evidence by the deadline provided by the RTB.

When You Move Out: Final Inspection and Getting Your Deposit Back

If your tenancy ends (either by eviction or by agreement), document the property’s condition before leaving. Request a move-out inspection and a written statement about your security deposit. For more, see How to Get Your Security Deposit Back with Interest When Moving Out.

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Frequently Asked Questions

1. What should I do first if I get an eviction notice in Manitoba?
   Review the notice for official RTB forms and legal reasons. Act fast—contact the Residential Tenancies Branch if you want to dispute it.
2. Can I be evicted immediately for not paying rent?
   No. The landlord must first serve a 5-day written notice. If you pay the full amount within this period, eviction is usually cancelled.
3. Does my landlord have to go to the RTB before I can be forced to leave?
   Yes. If you don’t leave voluntarily, landlords must obtain an Order of Possession from the RTB. Only the RTB can order you to leave if you dispute the eviction.
4. What if my notice is not on an official form?
   It may be invalid. Contact the RTB to check and ask for clarification or to dispute incorrect paperwork.
5. Can I get help if English isn’t my first language?
   Yes. The RTB has services for tenants who need interpretation or additional help.

How To: Challenge an Eviction Notice in Manitoba

1. How do I file to dispute an eviction?
   Use the Tenant’s Request for a Hearing (Form RTB-12), available from the Manitoba RTB website. Submit it as soon as you receive the notice if you think the eviction is unfair.
2. How can I prepare for my hearing?
   Gather all documents, communications, and evidence related to your tenancy or the reason for eviction. Attend your scheduled hearing on time.
3. What if I need help filling out forms?
   The RTB and legal clinics in Manitoba provide guidance over the phone or in person—don’t hesitate to seek assistance.
4. Can I negotiate with my landlord to avoid eviction?
   Yes. For non-payment of rent or minor disputes, landlords may be open to payment plans or settlements. Get any agreements in writing.

Key Takeaways for Manitoba Tenants

• Your landlord must follow the Residential Tenancies Act and use official RTB forms—unofficial notices may be invalid.
• Act quickly on eviction notices—contact the RTB, file disputes, and attend hearings to protect your rights.
• Always document everything and seek help if you’re unsure; there are free and low-cost resources available.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch (RTB): Information, forms, dispute resolution, tenant advocacy
• Province of Manitoba Tenant Support: General info on tenant rights, support programs
• Legal Help Centre of Winnipeg: Free tenant advice and assistance
• Tenant Rights and Landlord Rights in Manitoba: Local laws, rights, and protections for Manitoba residents

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1. Residential Tenancies Act - Official Manitoba Legislation
2. Residential Tenancies Branch (RTB) - Government of Manitoba

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