Late Rent and NSF Fees in Manitoba

Section 69(4) of The Residential Tenancies Act lets a landlord require a late payment fee determined in accordance with the regulations. The Residential Tenancies Regulation sets the limits in s. 20 (Residential Tenancies Regulation, M.R. 71/2010):

• up to $10 for the day the rent or tenant services charge is due;
• plus up to $2 for each later day it remains unpaid, across consecutive rental payment periods;
• to a maximum late payment fee of $100.

The same cap applies whether the amount owing is rent, a tenant services charge, or both.

The Residential Tenancies Branch (RTB) gives a worked example: rent due November 1 and paid November 8 comes to $24, which is $10 plus $2 for each of November 2 to 8. The fee runs up to the day of payment or to the $100 cap (RTB guidebook on late payment fees, last revised May 2015). Fees from repeated late payments over a tenancy can be claimed at the end. The guidebook's example shows $72 for four late payments.

These figures are in the Regulation as reviewed on November 4, 2026. Check the official page for the current figures before you set your rules.

Regulation s. 20(1) says a landlord must advise the tenant in writing of the intention to charge the fee before charging it. The RTB guidebook says this can be in the tenancy agreement or the house rules, and that once a tenant knows about the fee, the landlord is entitled to charge it.

The Regulation requires written advance notice of the intention. It does not say that the lease itself must contain the fee, so a written notice given before you start charging also meets the rule. Put it in the lease anyway, and keep proof that the tenant received it.

No fee is allowed in two situations (s. 20(1.1)): when the lateness is caused by an interruption in mail service or another circumstance beyond the tenant's control for which the tenant is not responsible, or when a government payer is responsible for the delay and the tenant is not. Check the reason for each late payment before billing.

If you want fees to be collectable, read the Manitoba lease agreements guide and the guide to required forms and wording.

Regulation s. 21 says the costs a landlord may charge for a dishonoured cheque or other negotiable instrument, whether for rent, a tenant services charge or a deposit, must not be more than $60. The RTB fees sheet repeats the $60 NSF figure and is undated, with wording that says "Effective November 1, 2011". The Regulation is the controlling text (RTB fees fact sheet).

The sources reviewed do not cap the number of NSF charges, and do not say whether you may require cash or certified payment after an NSF. Do not write that demand into a notice without checking with the Branch first.

Under s. 95.1(1), if rent or a tenant services charge is not paid within three days after it is due, the landlord may give a notice terminating the tenancy on the prescribed form. The Act text uses the words "within three days after it is due", and the sources reviewed do not explain how those days are counted, so read the current section. Older guidebook wording on timing may differ. Where it does, the Act controls.

1. Choose the right form. The Regulation lists Form 8 for most tenancies, Form 8.1 for tenancies that include tenant services, and Form 9 for a mobile home or mobile home site.
2. State what the Act requires. The notice must state the amount owed, the date the tenant must vacate, and that the tenant can avoid termination by paying what is owed and the prescribed costs by that date (s. 95.1(2)).
3. Choose a move-out date. The Act sets no minimum time. The RTB suggests you consider a reasonable amount of time (RTB guidebook on notice for non-payment of rent). A notice may be given in winter or during the school year.
4. Add the prescribed costs. Regulation s. 22 lets you include late fees under s. 20, $60 for an NSF cheque, and any fee you paid to apply for an order of possession.
5. If the tenant has not paid or moved by the date, apply to the Branch for an order of possession. The filing fee is $60 (s. 23(c)). The order is filed in the Court of King's Bench within 90 days of the move-out date, according to the RTB guidance (RTB guidebook on orders of possession for non-payment).

For wider steps and timing, see the Manitoba guide on a tenant not paying rent and what to do if a tenant does not pay rent.

Section 95.1(3) and (4) matter for what you do with money that arrives after the notice. Accepting late payment of the total amount waives the right to terminate unless, at the time, you confirm in writing that you intend to treat the agreement as terminated. Accepting partial payment is not a waiver unless you write that the tenant may stay.

If the tenant pays the total before an order of possession is made, the director may void the notice, but only if the tenant has not been habitually late in paying without reasonable and justifiable cause (s. 95.1(5)).

Write your response the same day you receive any payment after notice, and keep a copy.

The RTB guidebook explains habitual late payment as rent paid after the due date, without a valid or good reason, three or more times during a year or during the term of a fixed-term agreement. You must be able to show it. After taking rent paid following a notice, you may confirm in writing that the tenant must still move because of habitual lateness, and you would need to show at least three late payments in the previous year or the current agreement.

Late fees alone do not support a termination. The guidebook says a landlord cannot terminate a tenancy for non-payment of late payment fees only, and that if late fees but not rent are unpaid, you may not be entitled to an order of possession unless the tenant has been habitually late (RTB guidebook on late payment fees). Unpaid fees can instead be claimed, or deducted from the security deposit with notice to the tenant. Read the Manitoba landlord deposit guide before you deduct.

The sources reviewed do not state a cap on the number of NSF charges, interest on late fees, or whether the lease itself must contain the fee. The RTB hearing costs of $65 and $110 mentioned on its fees sheet are amounts that can be awarded, not filing fees, so do not add them to a notice.

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.

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