Missing a hearing before the Residential Tenancies Branch can be stressful for any renter in Manitoba. This guide explains what commonly happens when a tenant misses an RTB hearing, the immediate steps to protect your tenancy, the official forms you may need, and realistic timelines so you can act quickly. It uses plain language for tenants and renters who face possible eviction, rent disputes, or orders against them. You will learn how to get a decision set aside, which documents help, when to contact the RTB or your landlord, and how provincial rules affect your options. Keep notes and proof to improve your chance of a successful outcome.
What happens if you miss an RTB hearing?
If you miss a scheduled hearing, the RTB may proceed without you and issue a decision based on the evidence the other party presents. In many cases that can mean a default order in the landlord's favour, including an eviction order or an order for unpaid rent. The tribunal that manages residential tenancy disputes in Manitoba is the Residential Tenancies Branch.[1]
Immediate steps to take after a missed hearing
Act as soon as you learn a hearing was missed or a decision was issued. Speed and documentation improve your ability to get an order set aside or to ask for a rehearing.
- Call or contact the Residential Tenancies Branch to confirm what happened and ask about options to correct the record.
- Check the decision or notice for any deadlines to apply to set aside or appeal the order and note the exact dates.
- Gather evidence: receipts, messages, photos, a rent ledger, or proof of reason you missed the hearing (medical note, travel) to support your request.
- File the correct application or form with RTB promptly; some remedies require specific forms and fees.
Official forms you may need and when to use them
Manitoba's RTB provides a range of forms. Common ones tenants may use include:
- Application for Dispute Resolution — used to start most tenancy disputes, or to ask the RTB to hear a matter when you file an original claim; use this when you need a formal hearing scheduled or to respond where applicable.[3]
- Notice to End a Tenancy (for non-payment or other grounds) — this form is used by landlords to start an eviction for specified grounds; tenants should review any notice they receive and keep a copy as evidence.
If the RTB issued a default order because you missed the hearing, ask the branch which specific application they require to set aside or vary the decision and follow their instructions exactly. You can also reference Manitoba's Residential Tenancies Act for the legal rules that apply to timelines, service, and orders.[2]
How the RTB typically decides requests to set aside a missed hearing
The RTB considers whether there was a valid excuse for missing the hearing, whether the absent party acted quickly to correct the situation, and whether the other party would be unfairly prejudiced. A clear, documented reason plus prompt, correct filing improves your chances. If you were evicted by order already, the RTB may set aside the order and restore the tenancy in some circumstances, or it may confirm the order; outcomes depend on the facts.
Practical examples for tenants
- If you missed a hearing because of an unexpected hospital stay, get a dated medical note and contact RTB immediately to request a setting-aside application.
- If you didn't receive a hearing notice but the landlord says you were served, gather delivery receipts or witness statements and ask RTB to review service records.
- If the order is for unpaid rent, arrange payment proposals and keep records of any partial payments to present at a rehearing.
For broader tenant rights in Manitoba and how provincial rules affect disputes, see Tenant Rights and Landlord Rights in Manitoba. For help collecting evidence and making a complaint, consult How to Handle Complaints in Your Rental: A Tenant's Guide.
FAQ
- Can I ask RTB to reopen my hearing if I missed it?
- Yes. You can apply to set aside or vary an order, but you must act quickly, file the correct application, and explain why you missed the hearing.
- How long do I have to apply to set aside a decision?
- Deadlines vary; check the RTB decision for timelines and contact the Residential Tenancies Branch immediately to confirm the specific time limit that applies to your case.
- Will paying rent after a default order automatically stop an eviction?
- Not always; paying outstanding rent may help but you still need to follow RTB procedures to have an order set aside or to avoid enforcement actions.
How-To
- Confirm the exact decision date and any deadlines listed on the RTB notice.
- Gather supporting documents: receipts, photos, medical notes, or travel records showing why you missed the hearing.
- Contact RTB and submit the appropriate application to set aside or vary the order, including any filing fee or supporting evidence.
- Attend the new hearing or ensure your evidence is filed by the RTB deadline and follow any directions the tribunal gives.
Help and Support / Resources
- Residential Tenancies Branch (Manitoba) - RTB main site
- Residential Tenancies Act (Manitoba)
- Legal Aid Manitoba
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