Tenant Rights at Eviction Hearings: Manitoba LTB Overview

If you’re a tenant in Manitoba facing an eviction hearing, it’s important to understand your rights and how the process works before the Residential Tenancies Branch (RTB)—the province’s official board for residential tenancies (Residential Tenancies Branch). Knowing the procedures, available forms, and how to present your case can help you stay housed and ensure you are treated fairly. This guide walks Manitoba tenants through each stage of an eviction hearing, offers tips for preparation, and highlights key legislation under the Residential Tenancies Act of Manitoba.^[1]

Understanding the Eviction Process in Manitoba

Eviction in Manitoba is a legal process where your landlord files a claim with the RTB to end your tenancy. Common reasons include non-payment of rent, disturbance, or repeated late payments. The process is structured to ensure both landlords and tenants can present their side before a decision is made.

• You’ll receive a written notice or a copy of the Application for an Order of Possession from your landlord.
• You’re entitled to a hearing before you can be legally evicted.
• Both parties present evidence and arguments to an RTB officer, who issues a written decision.

For a broader overview of tenant rights in the province, see Tenant Rights and Landlord Rights in Manitoba.

Your Rights as a Tenant at the Hearing

As a Manitoba tenant, you have crucial rights during the eviction hearing, including:

• The right to receive notice of the application and hearing date
• The right to see the evidence your landlord submits
• The right to present your version of events and offer your own supporting evidence
• The right to question your landlord’s claims or witnesses
• The option to be represented or bring someone to assist (such as an advocate or interpreter)

If you need more clarity on lease obligations and what’s expected from tenants or landlords, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Official Forms You May Receive or Use

• Application for an Order of Possession (Form RTB-12): Used by landlords to request a formal order to end your tenancy. If you receive this, it means an eviction process has officially begun. (Manitoba Application for Order of Possession)
• Notice of Hearing: Informs you of the date, time, and method (in-person or phone) of your eviction hearing. This lets you prepare your response and evidence.
• Request for Review of Order (Form RTB-16): After a decision is made, if you disagree, you may apply for a review. You must meet the deadline and provide reasons for why you believe the decision was incorrect. (Review of Order Form)

Example: If you’re given a Notice of Hearing because your landlord claims rent wasn’t paid, gather proof of payment (bank statements, receipts) before the hearing and bring them as evidence.

How to Prepare For and Participate in Your Hearing

Preparation is vital. Here’s how you can get ready and make the most of your opportunity to be heard:

• Read all documents: Carefully review any notice or form the RTB or landlord provides.
• Collect evidence: Gather documents such as your lease, payment records, letters, photos (e.g., of needed repairs), or witness statements to support your side.
• Know your story: Write down key points you want to explain during the hearing.
• Attend or call in on time: Missing the hearing can result in a default order against you.
• Ask questions: Don’t hesitate to clarify anything you don’t understand at the hearing.

After the Hearing: Orders and Reviews

Following the hearing, the RTB officer will send a written order outlining the decision. Both you and your landlord must follow this order. If you feel the order was made in error, you can file a Request for Review using the RTB-16 form (linked above), but you must do so quickly after receiving the order.

If the review doesn’t change the result and you still feel an error was made regarding facts or law, you may have the option to have the matter reconsidered by the Manitoba Court of King’s Bench. It’s wise to seek legal advice before going this route.

What Legislation Applies?

All residential tenancies in Manitoba—including eviction proceedings—are governed by the Residential Tenancies Act of Manitoba.^[1] This Act lays out the rights, responsibilities, notice requirements, and dispute resolution procedures for tenants and landlords.

Practical Tips for Tenants at Hearings

• If you need language assistance or an accommodation, contact the RTB in advance.
• Keep copies of everything you submit or receive.
• Prepare a short, clear statement about why you should not be evicted.
• Bring all evidence in organized form.

For those exploring new housing options before or after a hearing, Find rental homes across Canada on Houseme for a smooth search experience.

Frequently Asked Questions

1. Can I be evicted without a hearing in Manitoba? No, Manitoba law requires that tenants must receive a hearing at the RTB before being legally evicted, except in rare urgent cases.
2. What should I do if I can’t attend my scheduled hearing? Contact the RTB immediately to request a new date. If you don’t notify them and miss the hearing, the landlord may be granted a default order for eviction.
3. Do I need a lawyer at the eviction hearing? Legal representation is not required, but you can hire or bring someone to help you if you wish, including an advocate or support worker.
4. What if I paid the rent but my landlord still applied for eviction? Bring proof of payment to the hearing. If you pay all arrears before the hearing, it may help prevent eviction, depending on the circumstances.
5. Where can I find more information about tenant rights? Start with the official Tenant Rights and Landlord Rights in Manitoba page for in-depth local guidance.

Key Takeaways for Manitoba Tenants

• Eviction is a formal process that gives you a fair hearing before the RTB.
• You have clear rights to present evidence and defend your tenancy.
• Use official forms promptly and always respond to notices to protect your housing.

Staying informed and organized can improve your chances of a successful outcome.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) — File forms, get legal information, or speak to case officers
• Contact the RTB — Phone, email, and in-person service options
• Employment and Income Assistance – Tenant Advocate Offices — Advocacy and support for renters in need
• Tenant Rights and Landlord Rights in Manitoba — Your key starting page for the rules in this province

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1. Residential Tenancies Act of Manitoba

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