Step-by-Step Eviction Help for Manitoba Tenants

If you’re facing eviction or worried about losing your home in Manitoba, it’s important to know that you have legal rights and protections under provincial law. This guide provides practical steps on how to handle eviction notices, understand your options, and connect with vital resources. Whether the issue is unpaid rent, lease violations, or landlord-tenant disputes, following the correct process can help ensure a fair outcome—and possibly prevent the eviction altogether.

Understanding Evictions in Manitoba

Evictions are governed by the Residential Tenancies Act of Manitoba^[1]. Landlords cannot evict you without following specific legal processes, which require proper notice and, in most cases, a formal order from the Residential Tenancies Branch (RTB), Manitoba’s rental tribunal.

• Common reasons for eviction: Non-payment of rent, breach of lease (like unauthorized pets), illegal activity, or the landlord needing the unit for personal/family use.
• Landlords must use the correct RTB forms and follow notice periods set by law.
• Tenants have a right to dispute most eviction notices.

The Eviction Process: Step-by-Step

Eviction is a multi-step process designed to protect both landlords and tenants. Here’s how it works in Manitoba:

1. Receiving a Notice of Termination

If your landlord wants to end your tenancy, they must serve you a written Notice of Termination (sometimes called an eviction notice). The notice should state:

• The reason for eviction
• The date your tenancy is supposed to end
• Your right to dispute the notice

2. Disputing an Eviction Notice

If you believe the notice is unfair or incorrect, you can apply to the Residential Tenancies Branch to dispute it. This is called Request for Order of Possession (Form RTB-011) if the landlord is applying, or you may file your own response depending on your situation.

• Deadline: You usually have 5 days from receiving the notice to dispute an eviction due to unpaid rent, or 14 days for most other grounds.
• Action Steps:
  • Read the notice carefully. Check if the landlord used the correct form and filled it out properly.
  • Learn how to dispute an eviction on the Residential Tenancies Branch website.
  • Submit the dispute form online, by mail, or in person at an RTB office.
• Official Form: Application for Order of Possession (Form 3)—used by landlords or tenants to request an official eviction order or to present a dispute.

Example: If you’re late paying rent and receive a notice, but you believe your rent record is accurate or you’ve made a payment, you can file a dispute within 5 days to protect your tenancy.

3. Hearings and Orders

If you dispute the notice on time, the RTB will schedule a hearing (usually a phone or online meeting). You will have the chance to share your side, present evidence (like payment receipts, records of communication, or other documents), and ask questions.

• The RTB will issue a decision, called an Order of Possession if eviction is approved.
• If the landlord did not follow the rules, the RTB can cancel (set aside) the eviction.

4. What Happens After an Order of Possession?

If the RTB grants an eviction, you’ll be given a move-out date. If you do not leave, the landlord can ask the Court of King’s Bench for the sheriff’s assistance. It’s important to respect the official timeline; leaving peacefully preserves your rental record and makes future renting easier.

Knowing Your Rights (and Responsibilities)

It’s helpful to understand the basics of your rights and obligations. Manitoba tenants have specific protections, but also certain duties such as paying rent and respecting the rental agreement. For a clear overview, check the Tenant Rights and Landlord Rights in Manitoba.

If eviction is related to non-payment of rent, review your payment responsibilities and options to catch up. For those dealing with disputes over repairs, entry, or safety, you may wish to review Common Issues Tenants Face and How to Resolve Them.

Key Forms for Tenants Facing Eviction

• Application for Order of Possession (Form 3): Used by tenants (to dispute) and landlords (to request eviction). Get Form 3 here.
• Notice of Termination: There is no single "one-size-fits-all" form; landlords must use the method relevant to the reason for eviction. If unsure, see all RTB forms.

The Residential Tenancies Branch website offers up-to-date forms, instructions, and guides for Manitoba tenancies.

Tips for Protecting Yourself During the Eviction Process

• Read notices and deadlines carefully.
• File disputes on time (usually within 5 days for non-payment, 14 days for most others).
• Document everything: communications, payments, and conditions.
• Attend any scheduled RTB hearings promptly and with all your evidence.
• Ask for help if you don't understand a process or notice.

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Frequently Asked Questions About Manitoba Evictions

1. How much notice must a landlord give for eviction in Manitoba?
   It depends on the reason. For non-payment of rent, a landlord can give as little as 5 days' notice. For other reasons, notice periods are usually 14 days or longer. Always check the notice for details.
2. Can I be evicted if I pay my late rent after getting a notice?
   If you pay the full rent (plus any outlined costs) before the notice period ends, the eviction may be cancelled. Act quickly and always get a receipt.
3. What if I disagree with the eviction notice?
   You have the right to dispute most eviction notices by applying to the Residential Tenancies Branch within the deadline stated on your notice.
4. Who handles eviction and rental disputes in Manitoba?
   The Residential Tenancies Branch (RTB) manages these issues and provides forms, advice, and hearings for both landlords and tenants.
5. Where can I get help if I'm worried about being evicted?
   Contact the RTB, local tenant support groups, or legal aid clinics for guidance and advocacy.

How To Respond to an Eviction in Manitoba

1. Read the notice immediately
   Check why you are being evicted, the termination date, and dispute deadlines.
2. Gather documentation
   Collect any receipts, correspondence, or photos that support your case (for example, proof of rent payments).
3. Submit the correct form to the RTB
   If you wish to dispute, file the dispute application (usually Form 3) before the deadline.
4. Prepare for the hearing
   Organize your evidence, and make notes of important points. Attend the scheduled RTB hearing.
5. Seek support
   If needed, reach out to tenant advocates, legal aid, or the RTB for additional help.

Key Takeaways for Manitoba Tenants

• Eviction in Manitoba follows strict legal steps. Always respond promptly to notices.
• Tenants have the right to dispute most evictions by contacting the Residential Tenancies Branch.
• Keeping clear records and knowing your rights helps protect your housing.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB): Manitoba’s official rental tribunal for disputes, forms, and hearings. Visit the RTB website or call 1-800-782-8403.
• Legal Help: Legal Aid Manitoba offers advice and representation for low-income tenants.
• Tenant Rights in Manitoba: Visit the Tenant Rights and Landlord Rights in Manitoba for a full review of your legal protections and responsibilities.
• More rental tips: For everyday rental challenges, check Common Issues Tenants Face and How to Resolve Them.

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1. Residential Tenancies Act of Manitoba
2. Residential Tenancies Branch (RTB) Manitoba
3. Form 3: Application for Order of Possession

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