What Manitoba Tenants Can Do If Landlord Delays Possession

Moving into a new rental home should be an exciting milestone, but for some tenants in Manitoba, unexpected delays by the landlord can cause stress and extra costs. If you find that your landlord isn’t giving you access to your unit on the agreed date—despite signing a lease—Manitoba’s rental laws provide protections and clear steps.

Understanding Your Rights: Landlord Delays in Possession

In Manitoba, a landlord must provide the rental unit on the start date specified in your lease or tenancy agreement. If they do not, tenants have rights and options under the Residential Tenancies Act (Manitoba)^[1]. Common reasons for delayed possession include unfinished repairs, the previous tenant not vacating, or the landlord failing to provide keys.

• Possession date: The date your lease begins and you should get access.
• Failure to deliver possession: When your landlord does not give you possession on time.

Tenants should not have to wait or pay extra due to landlord delays. Timely possession is a legal responsibility of the landlord.

Immediate Steps to Take

If you cannot move in as scheduled, act quickly:

• Contact your landlord in writing (email or text) to request immediate access and document the delay.
• Keep records of all communications and costs caused by the delay.
• If the landlord will not or cannot deliver possession, you have the right to end your tenancy or seek compensation.

Tenant Protections and Remedies in Manitoba

Under Section 17 of the Residential Tenancies Act (Manitoba), you may:

• End your tenancy and reclaim your deposit
• Continue with the tenancy and seek compensation for related expenses

Typical expenses may include storage, alternate accommodation, or added moving costs. Landlords are liable if the delay was within their control.

Getting Your Deposit Back

If you choose to end the tenancy, you are entitled to a full refund of any rent paid and all deposits. For more details on your rights related to deposits, see Understanding Rental Deposits: What Tenants Need to Know.

Tip: Act fast and keep copies of all paperwork, receipts, and messages. This helps if you must file a claim or complaint.

Filing a Complaint: Forms and The Tribunal

In Manitoba, the Residential Tenancies Branch (RTB) handles tenant-landlord disputes and complaints.

Official Form: Application for Orders (Form RTB 1)

• Name: Application for Orders (Form RTB 1)
• Use: If your landlord will not resolve the delay or compensate you, file this form to request an order for compensation, return of deposits, or permission to end the tenancy.
• Sample scenario: You had to pay for a hotel while waiting for possession and want the landlord to cover these costs.
• Where to get it: Download from the Manitoba Residential Tenancies Branch (look for Form RTB 1).

Submit the completed form to the RTB in person, by mail, or online. The Branch will contact you about next steps, which may include a mediation or hearing.

Additional Tips for Tenants During Delays

• Do not move in without legal possession, even if your belongings are inside.
• If you need temporary housing, keep receipts for possible reimbursement claims.
• Document condition of the property at first entry—see Guide to the Initial Rental Property Inspection for Tenants.
• To understand your general rights and obligations after lease signing, check What Tenants Need to Know After Signing the Rental Agreement.

Provincial Rights Overview

For more details about Manitoba-specific tenant and landlord rights, visit Tenant Rights and Landlord Rights in Manitoba.

FAQ: Delayed Possession in Manitoba Rentals

1. What should I do immediately if my landlord doesn't give me the keys on move-in day?
   Document the situation, notify your landlord in writing, and contact Manitoba’s Residential Tenancies Branch if the issue isn’t resolved quickly.
2. Can I get my deposit and first month’s rent back if I do not move in?
   Yes; if you end the tenancy due to the delay, you can apply for a full refund of any money paid.
3. How long should I wait before taking legal action?
   If the landlord cannot give you possession within a reasonable time (usually within a day or two), you can start a claim with the RTB.
4. Will the Residential Tenancies Branch help me recover extra costs caused by the delay?
   Yes; you can file for compensation if you incur extra, reasonable expenses due to the landlord’s failure to deliver possession.
5. Do I need to continue with the lease if the landlord is late?
   No; you can choose to end the lease and seek your money back, or remain and demand compensation.

Key Takeaways for Manitoba Tenants

• Landlords must provide possession on your lease start date—delays are not your responsibility.
• If your landlord causes a delay, act quickly to document, communicate, and seek help from the Residential Tenancies Branch.
• You have the right to end your lease or request compensation and a return of all payments.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) – File complaints, get forms, and tenant rights info.
• RTB Inquiry Line: 204-945-2476 (Winnipeg) or 1-800-782-8403 (Toll-free in Manitoba)
• Legal Aid Manitoba: Ask about tenant legal support
• Forms for Tenants (Manitoba RTB) – Get official documents and instructions

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1. Residential Tenancies Act (Manitoba)

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