Ways to Legally Postpone an Eviction in Manitoba

Facing eviction in Manitoba can be stressful, but tenants have rights and legal options to delay the process when eviction seems unavoidable. Understanding the law and acting quickly can be crucial in protecting your housing. This guide explains lawful ways to delay an eviction, outlines required forms, and provides actionable steps for Manitoba tenants.

Eviction Basics in Manitoba: What Tenants Need to Know

Eviction is a legal process where a landlord asks a tenant to move out, usually for reasons like unpaid rent, breaking the lease, or the landlord needing the unit for themselves. Evictions in Manitoba are governed by the Residential Tenancies Act (RTA), and all disputes are handled by the Residential Tenancies Branch (RTB) of Manitoba.¹

Eviction in Manitoba typically starts with written notice from the landlord. The amount of notice and the tenant's rights depend on why the landlord is trying to evict you. You always have the right to dispute or delay an eviction through the proper legal channels.

Common Reasons for Eviction — And Your Response Options

• Non-payment of rent
• Violation of lease terms
• Damage to property or health and safety concerns
• The landlord requires the unit for personal use

After you receive a notice, do not ignore it—respond promptly and consider the following lawful strategies to delay your eviction.

Lawful Ways to Delay an Eviction in Manitoba

1. File for a Hearing with the Residential Tenancies Branch

If you disagree with the eviction notice, you can file a dispute with the RTB. This means the eviction can't proceed until a hearing is held and a decision is made.

• Form: Application for an Order of Possession or Order of Termination (Form RTB-12). Use this if you receive an Order of Possession and want to oppose it.
• How to Use: After you receive an eviction notice (like a Notice of Termination or Order of Possession), act quickly—generally, you must respond within 5 days. Download the form from the Manitoba RTB Forms page, or pick one up at an RTB office. Submit it in person, by mail, or electronically as instructed on the form. You'll need to provide details about why you dispute the eviction.
• Find the Application Form (RTB)

2. Ask the Branch for More Time (Request for Extension)

If you're unable to move out by the date stated on an Order of Possession due to special circumstances (for example, waiting for another rental unit or facing health issues), you can request an extension. This does not guarantee extra time, but the Branch may grant you more days to find suitable accommodations.

• Form: Request to Vary an Order (Form RTB-18)
• How to Use: Use this form if you have already received an Order of Possession. Explain your reasons for needing more time and attach supporting documents if possible.
• Access the Request to Vary an Order (RTB)

3. Pay Arrears or Fix Lease Violations Quickly

Many eviction notices (especially for unpaid rent) can be canceled if you pay what you owe or correct the problem by the deadline stated in the notice. Always get a receipt and notify your landlord—and consider providing proof to the RTB as well.

Key Legislation and Official Resources for Manitoba Tenants

Manitoba tenants are protected under the Residential Tenancies Act. For detailed disputes and official processes, the Residential Tenancies Branch is your go-to government authority.

Understanding your legal rights and obligations helps you respond effectively. For more on obligations, rights, and resolving rental issues, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Additional Steps: Practical Tenant Actions

If you're about to face eviction, consider these extra steps that may help delay or avoid losing your home:

• Seek mediation through the RTB to negotiate a resolution or payment plan with your landlord
• Gather and submit evidence (like rent receipts or maintenance requests) to support your case at the hearing
• Apply for emergency social assistance if financial hardship is a factor
• Contact tenant advocacy groups for advice and support

Sometimes, resolving the underlying issue (such as arranging repairs or paying owed amounts) can stop the eviction altogether. For rental property problems and maintenance disputes, tenants can also consult Common Issues Tenants Face and How to Resolve Them.

For a bigger picture on rights in your province, visit Tenant Rights and Landlord Rights in Manitoba.

Browse apartments for rent in Canada if you are looking for affordable housing alternatives during or after a tenancy dispute.

Frequently Asked Questions

1. How soon do I need to respond to an eviction notice in Manitoba?
   Most eviction notices require a response within 5 days. It is very important to act fast, file any disputes, and gather supporting evidence to present your side to the Residential Tenancies Branch.
2. Can I stop an eviction if I pay my overdue rent?
   In many cases, yes. If your eviction is due to non-payment of rent, paying all owed amounts within the specified notice period can usually cancel the eviction process. Provide proof to both the landlord and the RTB.
3. What forms do I use to dispute or delay an eviction order?
   Tenants should use the "Application for an Order of Possession or Order of Termination" (Form RTB-12) to dispute an eviction, or the "Request to Vary an Order" (Form RTB-18) to ask for more time. Forms are available from the Manitoba RTB website.
4. Who can help me if I can't navigate the process alone?
   Contact the Residential Tenancies Branch for guidance, or seek assistance from local tenant advocacy organizations. Legal aid is available to qualifying tenants.
5. What is the role of the Residential Tenancies Branch?
   The Branch resolves disputes between tenants and landlords, conducts hearings, and enforces the Residential Tenancies Act.

Summary: Key Takeaways for Manitoba Tenants

• Always respond quickly to any eviction notice and understand your rights under Manitoba law.
• You can delay eviction by disputing notices, applying for more time, or correcting the issues stated.
• Official forms and support from the Residential Tenancies Branch are your main tools—use them promptly for the best chance to stay housed.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch — For forms, guides, and dispute applications
• Legal Aid Manitoba — For legal advice if you meet eligibility
• Manitoba Tenant Guides — Downloadable resources and fact sheets
• Local tenant associations (search in your city or region)

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1. Residential Tenancies Act (Manitoba) — Read the Act here
2. Manitoba Residential Tenancies Branch — Official RTB Portal
3. Official RTB Forms — Application & Dispute Forms

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