Landlord Forms and Required Wording in Manitoba

Manitoba prescribes the forms landlords use in The Residential Tenancies Act and the Residential Tenancies Regulation, M.R. 71/2010. This table lists the ones the research confirms. Where it gives no form number, the table says "prescribed form" and you should take the current version from the Residential Tenancies Branch (RTB) website.

The research did not list form numbers for the termination, rent-increase or change-of-landlord forms, so do not rely on a number from memory. Use the RTB forms page.

Oral, written and implied tenancy agreements are all valid in Manitoba (s. 7(1)). A written agreement is required in two cases: when you decide to require a guarantor, and when the tenancy includes tenant services (s. 7(1.1) and (1.2)).

Any written agreement must be in the prescribed form and signed by the landlord and tenant or their agents (s. 7(2)). Form 1 is the standard form for most residential tenancies. If your lease is not on the form, it is deemed to include the form's provisions, and any clause that conflicts with the form or the Act is void (s. 7(4)). A life lease is the exception.

Other lease rules that matter in practice:

• Within 21 days after the tenant signs and returns the written agreement, give the tenant a copy signed by both sides (s. 8).
• When you first enter an agreement, give written notice of your legal name, phone number and address for documents, or your agent's, or post it in a conspicuous place in the complex (s. 13).
• Extra terms are allowed if they are not inconsistent with the form or the Act and any tenant obligation is reasonable (s. 11(1)).
• A statement of fact you made that persuaded the tenant to sign becomes a term of the agreement (s. 7(5)).

More on lease content is in the Manitoba lease agreements guide and how to write a lease agreement.

A landlord must give written notice of a rent increase at least three months before it takes effect (s. 25(1)). For a unit under the rent guideline rules in Part 9, the notice must be in the prescribed form (s. 26(1)). The RTB's landlord guide says to use the Notice of Increase in Rent form or your own form that has all the same information. Units exempt from the guideline still need the three months' notice.

Two timing limits apply to every increase. Rent cannot go up earlier than 12 months after the unit is first occupied as a rental, or more than once in any 12-month period (s. 118(1)). To go above the guideline you must apply to the director for an order (s. 123(2)).

The guideline figures change each year, so check the RTB's current guideline page. Amounts, exemptions and examples are in the Manitoba rent increase guide.

A landlord ends a tenancy by giving a notice in the prescribed form (s. 84(1)). The research confirms the following content and timing points. The full steps are in the Manitoba notice to end tenancy guide.

• Unpaid rent. You may give a termination notice once rent is three days late. The notice must state that the tenant is entitled to dispute the landlord's right to give it (s. 95.1). The tenant can avoid termination by paying what is owed and any prescribed costs by the date on the notice.
• Other cause. You must first give the tenant a written warning to fix the problem within a reasonable time. If they do not, the notice is one rental payment period (s. 96(2)). For serious cases, such as a significant risk to health or safety, extraordinary damage or extraordinary disturbance, the notice can be effective not earlier than five days after it is given (s. 96(3)).
• No-fault reasons. The period is set by regulation and depends on the reason and the vacancy rate (Reg 71/2010 ss. 12 and 13).

The research did not confirm the permitted methods of serving a termination notice, so check the RTB's current guidance before you serve one. Two related points are confirmed. You must serve the hearing notice on the tenant at least five days before the hearing. If you need the RTB's approval for substitutional service, the fee is $20 (Reg 71/2010 s. 23(d)).

Here is what goes wrong most often:

• Wrong or missing form. The Branch will not grant an order of possession if the notice of termination is not valid.
• Missing warning. For other-cause notices, skipping the written warning undercuts the notice, unless the problem is one of the serious five-day cases.
• Accepting late rent. You waive the right to end the tenancy by accepting late payment of the full amount, unless you confirm in writing at that time that you still treat the tenancy as ended (s. 95.1(3)).
• Off-form lease terms. Anything inconsistent with Form 1 or the Act is void, and a tenant cannot waive the Act by agreement (s. 6(1)).

If you served something wrong, start again with a correct notice rather than arguing about the old one at the hearing. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.