Evicting a Tenant in Manitoba

In Manitoba you cannot evict a tenant yourself. A tenancy ends only in the ways the Residential Tenancies Act allows. Unless the tenant has left or abandoned the unit, you can regain possession only through a writ of possession issued by the court. The Residential Tenancies Branch (RTB) decides whether you are entitled to an order of possession.

The order of work is always the same. You need a lawful reason, a written notice of termination on the prescribed form, and, if the tenant stays past the notice date, an application to the RTB. The rules are in the Residential Tenancies Act, and the RTB's landlord guide walks through the steps.

Tenants read the same process from the other side in the Manitoba eviction process guide. It helps to know what your tenant will be told.

You need one of a short list of reasons. The notice you give depends on the reason.

For the no-fault reasons in a fixed-term tenancy, the termination cannot take effect before the end date. Every reason is explained in the landlord notice to end a tenancy guide for Manitoba.

1. Confirm the ground. Match your reason to the table above and check whether the tenancy is fixed term or periodic.
2. Give the notice. Use the prescribed notice of termination for that reason and keep a copy.
3. Wait for the notice date. If the tenant leaves, the tenancy is over. If a non-payment tenant pays in full by the date on the notice, the termination is avoided.
4. Apply to the RTB for an order of possession. The fee in the regulation is $60, and the application can include a claim for compensation. Fees are waived for people on income assistance or receiving the Guaranteed Income Supplement (GIS).
5. Serve the hearing notice. The tenant must receive notice of the hearing at least 5 days before the hearing date.
6. Attend the hearing. It goes ahead even if a party does not come. A decision usually follows within two working days, and the order usually sets a move-out date seven days after it is issued.
7. Enforce the order if the tenant stays. File a certified copy in the Court of King's Bench and obtain a writ of possession. Sheriff's Officers carry out the removal.

The tenant has 7 days to appeal an order of possession to the Residential Tenancies Commission, and an appeal stays the order until it is decided. The court filing deadline is 90 days from the order for a non-payment order and 30 days for any other order. The RTB guide on orders of possession and the guide on enforcing them set out each step.

Self-help is the most common way a landlord turns a winnable case into a penalty. In Manitoba, do not do any of the following:

• Change the locks to push a tenant out. Neither side may change or interfere with a lock without the other's consent. The RTB can charge landlords who lock tenants out an administrative penalty.
• Seize or hold the tenant's belongings. The Act bars seizing a tenant's personal property for breaching the agreement, including unpaid rent, and bars distraint for rent. The RTB guide says a landlord cannot hold belongings for unpaid rent or damages.
• Cut off heat, water or electricity. A landlord must not withhold a vital service, and the Act has no exception for unpaid rent.
• Remove belongings outside the abandoned property rules. Property can be handled only as Part 7 of the Act allows.

Administrative penalties under the Act are $1,000 for a first contravention, $3,000 for a second and $5,000 for a third or later, and no administrative penalty may exceed $5,000. For more on why a landlord cannot simply remove a tenant, see the Ask page on whether a landlord can evict immediately.

The notice is invalid. The RTB will not grant an order of possession on an invalid notice. If you suspect an error, fix it by giving a new, correct notice rather than arguing the point at the hearing.

The tenant disputes the notice. There is no form or deadline for the tenant. They dispute it by staying and contesting it at the hearing that follows your application.

You accepted rent. On a non-payment notice, accepting the full amount owing waives your right to terminate unless you confirm in writing at that moment that you still treat the agreement as ended. Accepting only part of what is owed does not waive it unless you tell the tenant in writing they may stay.

The tenant did not attend and wants a second chance. For a non-payment order, a tenant who skipped the hearing needs the Commission's leave to appeal. Leave is available only if they could not reasonably attend, or the order rested on false or misleading information.

The timing. The RTB guide pages do not state how soon a hearing will be scheduled, so plan for some wait. For general expectations, read the Ask page on how long it takes to evict a tenant. If the problem is rent, go to the Manitoba guide on tenants not paying rent. If the notice has expired and the tenant is still there, go to the guide on tenants who will not leave after notice.

Property left behind is abandoned property, including when the tenant was evicted. If it has no monetary value or is unsanitary or unsafe to store, you may dispose of it. Anything else with value must be handled in steps: make a reasonable effort to contact the tenant, prepare an inventory on the prescribed form, give a copy to the RTB and the tenant, and store it safely for at least 60 days. After that you may sell or dispose of it as the RTB directs. You may keep your removal, storage and sale costs and any compensation owed, and you send the balance to the RTB.

If the RTB orders the tenant to pay you money, file a certified copy of the order in the Court of King's Bench. It can then be enforced like a court judgment, for example by garnishment. There is no time limit on filing a payment order, and you file after the appeal period ends with no appeal. The RTB itself enforces only orders to return security deposits and overcharged rent.

If the person living in your unit never had a tenancy agreement, the Act says you are not required to use the writ process, though you may choose to. The RTB can decide whether someone is a tenant.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.