Top Reasons Manitoba Tenants Win at the LTB

If you’re a tenant in Manitoba, it’s important to know what helps tenants succeed when resolving disputes with landlords at the Residential Tenancies Branch (RTB)—the province’s main tribunal for rental issues. Understanding your rights, common case outcomes, and practical steps can help you prepare for hearings, protect your home, and have your voice heard.

The Manitoba Dispute Resolution Process

In Manitoba, rental disputes are handled by the Residential Tenancies Branch (RTB). Tenants can bring issues like non-repair, security deposit disagreements, illegal rent increases, or improper eviction notices to the RTB for a fair and impartial decision. Manitoba’s rental laws are set out in the Residential Tenancies Act of Manitoba^[1].

Top Reasons Tenants Win Disputes at the RTB

Many tenants are successful at the RTB for these main reasons:

• Landlords Did Not Give Proper Notice: If a landlord fails to follow legal notice rules for rent increases or eviction, tenants often win. For example, written eviction notices must include valid reasons and meet minimum notice periods.
• Failure to Provide Repairs or Maintenance: Tenants can win if a landlord does not address major repair needs, pests, or health and safety concerns after being notified. See Health and Safety Issues Every Tenant Should Know When Renting for more details on your rights.
• Improper or Unlawful Deductions from Security Deposits: The RTB may rule in a tenant’s favour if a landlord withholds a deposit without a valid reason. Read Understanding Rental Deposits: What Tenants Need to Know for more on legal deposit use.
• Lack of Evidence from the Landlord: Tenants often win when landlords can’t provide evidence for alleged damages, unpaid rent, or lease breaches.
• Non-Compliance with the Rental Agreement or the Act: If the landlord doesn’t follow Manitoba's Residential Tenancies Act or the written rental agreement, the RTB may side with the tenant.

Winning cases often rely on having documentation, photos, and a record of communication.

Key Forms for Manitoba Tenants at the RTB

• Application for Order of Possession (Form 4): Used by tenants when a landlord is trying to remove them from the unit, disputing the landlord’s claim.
  Download Form 4 from the Government of Manitoba. Use it to respond to eviction applications promptly—with evidence supporting your position.
• Application for Order of Remedy (Form 15): Filed when a tenant needs the landlord to address repairs or other violations.
  Access Form 15 on Manitoba’s official site. For example, if your landlord ignores repeated requests for urgent heating repairs, submit this form with details and supporting documents.
• Security Deposit Application (Form 7): Used when a tenant believes a landlord has unfairly withheld a security deposit.
  Get Form 7 directly from Manitoba’s government. Attach copies of inspection reports and letters to your landlord to strengthen your case.

Tips for Presenting Your Case

• Gather evidence such as emails, letters, repair requests, and dated photos.
• Bring copies of your rental agreement and inspection reports.
• Stay organized: List events by date and keep records handy for your hearing.
• Respond to all RTB notices within required deadlines.

What If the Landlord Appeals?

Landlords and tenants can appeal RTB decisions to the Residential Tenancies Commission within 14 days of receiving the order. Appeals are more likely to succeed if new evidence is presented or if there’s a legal error in the RTB’s decision.

Know Your Rights in Manitoba

For a comprehensive overview, read Tenant Rights and Landlord Rights in Manitoba. If you’re searching for a new rental, Explore Houseme for nationwide rental listings and find your next home with confidence.

Frequently Asked Questions

1. Can I apply to the RTB if my landlord refuses to make repairs?
   Yes, file Form 15 (Application for Order of Remedy) and provide evidence of the issue and any prior communications with your landlord.
2. What happens if my landlord withholds my security deposit unfairly?
   You may use Form 7 (Security Deposit Application) to ask the RTB for a formal decision about the deposit and possibly reclaim it.
3. Is there a time limit for responding to an eviction notice?
   Yes, tenants must respond quickly to RTB notices. Time limits are usually stated in the notice or correspondence you receive.
4. How do I prepare evidence for my case?
   Keep dated photos, written communications, copies of the lease, and all inspection or repair documents. Bring originals and copies to the hearing.
5. What if I miss my RTB hearing?
   A decision may be made without your input, but you can apply to have the hearing reopened if you provide valid reasons for missing it.

Key Takeaways for Manitoba Tenants

• Tenants often win cases by having complete documentation, knowing their rights, and acting quickly.
• Use provincial forms correctly and submit detailed evidence for the best chance of success.
• Understand the appeals process and your obligations under the law.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) – Official forms, dispute information, and contact details
• Manitoba Tenant Support and Resources – Government-run tenant education and help
• Local legal clinics or advocacy groups – Offer free or low-cost advice for tenants

---

1. Manitoba Residential Tenancies Act: Read the full legislation here
2. Residential Tenancies Branch (RTB): Official Manitoba RTB site

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