Tenant Sublet Without Permission in Manitoba

Not automatically, but you cannot refuse without a reasonable ground either. Under s. 42(1) of The Residential Tenancies Act, a tenant may transfer the right to occupy the unit to another person only with the landlord's consent. Under s. 43(1), an assignment or sublet is not valid unless you give written consent, and you must not withhold that consent unreasonably.

The consent has to be in the prescribed form and signed by you (s. 43(3)). The agreement between the tenant and the new occupant is also on a prescribed form, signed by both of them, with a copy of any written tenancy agreement attached (s. 44). The Residential Tenancies Regulation lists this form as Form 3, "Assignment or Subletting of Tenancy Agreement".

So the rule has two halves. Without your written consent, the transfer is not valid. And if you refuse without a good reason, the tenant has remedies against you, covered below. A tenant who moved someone in without asking has therefore broken the Act, but you still need to follow the notice process to act on it. For the tenant's view of the same rules, see the Manitoba subletting and assignment guide for tenants.

The Residential Tenancies Branch (RTB) separates two kinds of transfer. In an assignment, the tenant gives up all interest in the unit and does not come back. In a sublet, the tenant intends to return, and the sub-tenant's term ends on a set date before the end of the tenant's own term.

Two kinds of unit cannot be assigned or sublet at all: subsidized housing, and a caretaker's or employee unit (s. 42(2)).

The Act also limits what the tenant can do with the money. A tenant may not sublet for more rent than you could lawfully charge, and may not take payment from the new occupant for the transfer beyond reimbursement of rent and charges (s. 47).

Money flows the other way too. You may not ask for or take any payment for giving consent other than your prescribed expenses (s. 43(2)). Regulation s. 18 sets that expense limit at no more than $75. The RTB guidebook adds that you cannot charge a fee for finding a new tenant for an assignment or sublet, and that the paperwork fee is allowed only if you actually consent (RTB guidebook on payments not allowed).

The RTB guidebook says reference check results are a reasonable ground for refusing, and that taking up to five business days for a reference check is not unreasonable. It also says you may refuse an assignment of the last three months of a tenancy unless the person taking over signs a renewal, and that this does not apply to a sublet (RTB guidebook on assignment and subletting, last revised May 2015).

If you consent before references are checked, the guidebook says to state in writing that your consent is conditional, because a consent once given generally cannot be withdrawn.

If you refuse and the tenant objects, the Branch looks at whether the refusal was reasonable and when the tenancy ends. The guidebook says it will not order you to accept an applicant as a tenant. Separately, s. 90 lets a tenant end the tenancy on at least one rental payment period's notice if the landlord unreasonably withholds consent.

Deposits work differently for the two transfers. The RTB fact sheet says that on an assignment you take a new security deposit from the new tenant and the old one is not transferred, and that on a sublet you keep the deposit in the first tenant's name (RTB subletting and assignment fact sheet, December 2019). The guidebook says you may ask the person taking over for a deposit and first month's rent on an assignment.

The sources reviewed do not set a deadline for you to answer a consent request, and they do not contain a deemed-consent rule. Answer promptly and in writing anyway, so the record shows your reasons. The security deposit rules are covered in the Manitoba landlord deposit guide.

Take these steps in order.

1. Decide whether you will accept the occupant. Under s. 46(2), if you indicate an intention to accept the occupancy as an assignment or sublet, the transfer is deemed valid from the day the occupant first moved in. The Act does not list which actions count as indicating that intention, and the sources reviewed do not say what happens to rent an unauthorized occupant paid you beyond this section. Ask the Branch before you take rent from, or deal with, an occupant you have not accepted.
2. Know the occupant's status if you do not accept. Under s. 46(1), the occupant is not your tenant, but is still bound by the obligations of the tenant who transferred. Under s. 80(3), when an occupant is not in under a tenancy agreement, you do not have to use a writ of possession to regain possession, but you may choose to. The Act sets out no form or step list for this situation, so ask the Branch before acting.
3. Give the tenant a written notice to remedy. Assigning or subletting without consent is a ground for termination under s. 96(1)(a), but only if the tenant fails to fix it within a reasonable time after receiving written notice.
4. Serve the notice of termination if the problem continues. It must be on the prescribed form and signed by you (s. 84(1)). For a cause other than non-payment, that is Form 10. The notice must give at least one rental payment period and take effect on the last day of a rental payment period (s. 96(2)).
5. Apply for an order of possession if the tenant does not leave. The Branch guidance on notice (RTB guidebook on notice for tenant not meeting an obligation) says to deliver the notice in person or to an adult at the unit, to put all tenant names on it, and notes that the Branch can allow another way of serving if service is difficult.

Only a writ of possession ends a tenancy against the tenant's will. Changing the locks is not a way around that, as explained in the Manitoba guide on changing locks.

If the tenant does not move by the date in your notice, you apply to the Branch for an order of possession. The filing fee in Regulation s. 23(c) is $60, and the application may include a claim for compensation. The order is then filed in the Court of King's Bench, which issues the writ of possession (Act s. 157(2)).

For an order based on a tenant not meeting an obligation, the Branch guidance says you have 30 days from the move-out date in the order to file it in court (RTB guidebook on orders of possession for other breaches). Attach your notice of termination and copies of any letters asking the tenant to correct the problem. The general sequence is also described in the Manitoba eviction process guide and how to evict a tenant.

Keep a dated copy of your written notice to remedy, your consent refusal if you gave one, proof of delivery, and any messages showing when you learned of the occupant. Those records are what the Branch will look at when it decides.

On an assignment, the new tenant is liable for contraventions that relate to the period after the assignment, and the former tenant is liable for the period before it (s. 48). On a sublet, the original tenant stays liable to you for the tenant's obligations during the sublet, and the sub-tenant is liable to the original tenant (s. 49).

If the tenant owes rent or has not met other obligations when the transfer is requested, the guidebook says you may allow it, end the tenancy, or hold the guarantor responsible, if there is one. The tenant stays responsible for rent that is outstanding on the date the transfer takes effect.

One timing rule catches landlords out. If a sub-tenant stays 60 days after the sublet term ends and neither the tenant nor the landlord takes positive steps to get possession, a valid assignment to the sub-tenant is deemed to have occurred (s. 50(2)). Track the end date of any sublet you did approve.

The sources reviewed do not say whether you can bill the tenant for your own losses caused by an unauthorized occupant beyond the director's general power to order compensation for loss or expense under s. 154(1).

Not every person who moves in is a sub-tenant. The RTB guidebook page on shared accommodation, last revised in 2004, says the Branch deals with tenancies, whether written, oral or implied, and not with shared accommodation arrangements where an owner shares the home with a room occupant (RTB guidebook on shared accommodation). It lists conditions that usually point to a tenancy, such as a lock and key on a private room, separate food and no family relationship. If you are unsure which situation you have, ask the Branch before acting.

The sources reviewed also do not state a prescribed form for an occupant who moved in with no consent at all, and do not say whether a sublet agreement may charge more than the tenant's own rent for a furnished unit beyond the s. 47 limit.

The Act page on Manitoba Laws said, when it was reviewed on November 4, 2026, that it does not include amendments enacted or coming into force on or after October 29, 2026, and it points to a further amending act, SM 2026, c. 49, that was not opened for this guide. Check the current consolidation before you rely on a section number. For help with a specific dispute, see the guide to Branch complaints and whether a tenant can move someone in.

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