Special Tenancy Situations in Manitoba: Tenant Guide

Special tenancy situations can be confusing for tenants in Manitoba, especially when you're navigating subletting, assigning your lease, or experiencing unique circumstances such as family breakdown, long-term hospitalization, or entering long-term care. This article is designed to help Manitoba tenants understand their rights, required forms, and where to find official support. Whether you're facing a life change or just want to know your options, use this guide as your starting point.

Recognizing Special Tenancy Situations

Most rental agreements in Manitoba follow standard rules. However, certain situations require unique steps or additional rights and obligations under the Residential Tenancies Act (Manitoba)^[1]. These include:

• Subletting or Assigning Your Rental - When you need to temporarily or permanently transfer your tenancy.
• Early Termination for Special Reasons - Such as entering long-term care or because of family violence.
• Changes in Household - For example, after a separation or divorce, or when new occupants are added or removed.

Each scenario may have different rules and official steps. Below you'll find explanations, key forms, and helpful examples.

Subletting and Assignment in Manitoba

Tenants in Manitoba may be able to sublet or assign their tenancy. Subletting means letting someone else live in your rental for a set time, but you plan to return later. Assignment means transferring your entire remaining lease to someone else – you don’t plan to return.

How to Sublet or Assign

• Notify your landlord in writing of your intention to sublet or assign.
• Provide potential new tenant information for landlord approval. Landlords cannot unreasonably refuse.
• Complete the correct form (see below) and keep copies of all communications.

If your landlord refuses without a valid reason, you can apply to the Residential Tenancies Branch (RTB) of Manitoba for a determination.

Key Form: Application for Order (Form 2)

• When to use: If a landlord refuses your valid sublet or assignment request.
• How to use: Complete the Application for Order (Form 2), attach copies of your correspondence and reasons, then submit to the RTB. The Branch will schedule a hearing and make a decision.
• Example: You found someone suitable to take over your lease, but your landlord won't respond. You complete Form 2, submit it, and attend the RTB hearing for resolution.

Ending a Lease Early Due to Special Circumstances

Some tenants have the right to end their rental agreements early without penalty, but only in specific special situations under Manitoba law. Major circumstances include:

• Family Violence or Abuse
• Moving into a Personal Care Home or Long-Term Care Facility

Family Violence or Stalking

If you or a dependent are facing family violence or stalking, the law allows early lease termination with official notice. To do this:

• Obtain a Victim Services Certificate or an order of protection.
• Complete the Notice to Terminate Tenancy Agreement (Form 11).
  Access Form 11 (Notice to Terminate Tenancy Agreement)
• Provide your landlord with the form and certificate/order to give legal notice.

Note: Your tenancy ends one month after the landlord receives the required documents, or on a later agreed date.

Entering Long-Term Care

When a tenant must move into a personal care home or similar facility, Manitoba law allows early lease termination with reduced notice:

• Get a letter from a doctor or facility confirming the move is necessary.
• Complete a Notice of Termination by Tenant (no standard form number; use a written letter including your details, address, termination date, and attach the facility letter).
• Provide at least one full rental period's written notice to your landlord.

For more about your basic rights, read Tenant Rights and Landlord Rights in Manitoba.

Disputes and the Manitoba Residential Tenancies Branch

The Residential Tenancies Branch (RTB) of Manitoba is the official agency handling disputes, applications, and tenant-landlord complaints. If your landlord denies your application or you’re unsure about your rights, you can:

• Apply for an order (Form 2) to resolve the dispute.
• Request mediation by RTB officers.
• Appeal decisions as permitted under the Residential Tenancies Act.

Special Tips for Manitoba Tenants

• Keep all communications and forms in writing for your records.
• If in doubt, consult the RTB or tenant advocacy groups.
• Always use official forms and follow timelines strictly.

Looking for a new rental after a life change? Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can my landlord refuse my sublet or assignment?
   Your landlord can only refuse for specific, reasonable grounds—such as the new tenant’s inability to pay or intent to overcrowd the unit. Unreasonable refusals can be appealed to the RTB using Form 2.
2. What’s the process for ending my lease early due to family violence?
   You must get a Victim Services Certificate or a court order, then fill out Form 11 and deliver both to your landlord. The lease ends one month after notice is given.
3. Do I lose my security deposit if I end my lease early for special reasons?
   If you follow the official process for early termination under special circumstances, your deposit should be returned according to the law—less any lawful deductions for damage or unpaid rent.
4. Who decides disputes about subletting or early termination?
   The Residential Tenancies Branch (RTB) investigates disputes and holds hearings if needed. You can apply for a hearing using the official forms.
5. What if I need to leave but don’t qualify for early termination?
   You may need to negotiate an agreement with your landlord or consider subletting. Review your lease and, if unsure, contact the RTB for advice.

How To: Applying for an Order with the RTB

1. How do I apply for an RTB order if my landlord refuses my sublet?
   1. Obtain and fill out Application for Order (Form 2).
   2. Attach copies of all written communications and supporting documents.
   3. Submit your application to the RTB office.
   4. Attend the scheduled hearing and provide your evidence.
   5. Await the RTB's written decision.
2. How can I terminate my lease early due to family violence?
   1. Request a certificate from Victim Services or obtain a protective court order.
   2. Complete Notice to Terminate Tenancy Agreement (Form 11).
   3. Deliver both to your landlord in person or by registered mail.
   4. The lease ends in one month or at a later agreed date.
3. How do I end my tenancy if I’m moving into care?
   1. Request a letter from your doctor or facility stating the move is necessary.
   2. Write a letter to your landlord giving at least one full rental period's notice and attach the facility letter.
   3. Keep a copy for your records and give notice in person or by registered mail.

Key Takeaways

• Special tenancy situations in Manitoba—like subletting, assignment, family violence, or entering care—give tenants important rights if official steps are followed.
• Always use the correct government forms and provide written notice.
• The Residential Tenancies Branch supports tenants and landlords with information, applications, and dispute resolution.

Need Help? Resources for Tenants

• Residential Tenancies Branch of Manitoba – Forms, information, applications, and dispute resolution.
• Victim Services Manitoba – Assistance for tenants needing violence/stalking certificates.
• Provincial tenant/landlord fact page: Tenant Rights and Landlord Rights in Manitoba
• Local legal aid clinics or community legal services for individualized support.

---

1. [1] See Manitoba’s Residential Tenancies Act
2. Official RTB forms: Manitoba RTB Forms
3. RTB agency and dispute info: Residential Tenancies Branch

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy