Filthy or Damaged Rental Unit in Manitoba

Whether the cause is clutter, dirt or damage, the Manitoba rules are written around two tenant duties in The Residential Tenancies Act. Section 70 says a tenant must maintain ordinary health, cleanliness and sanitation standards in the rental unit and the residential complex. Section 72(1) says a tenant must take care and must repair damage in a good and workmanlike manner, or pay compensation, within a reasonable time after receiving written notice from the landlord.

A tenant is not liable for reasonable wear and tear (s. 72(2)). Ordinary aging of paint or carpet is therefore not something you can charge for.

The Residential Tenancies Branch (RTB) has no current policy page on hoarding as such. Its only item using that word is a 2013 newsletter, which says landlords may give warning letters with a clean-up deadline (RTB newsletter, February 2013). This guide stays on what the Act says about cleanliness, damage and safety. The sources reviewed give no guidance on clutter that is not dirt, so ask the Branch about that case.

Your own duty matters too. Section 59(1) requires you to keep the unit and complex in good repair and fit for habitation. A problem caused by a building defect is yours to fix, not the tenant's. For that side, see the Manitoba repairs and maintenance guide.

1. Document the condition. Compare it with the move-in condition report if you completed one. The Regulation lists the Rental Unit Condition Report as Form 5.
2. Give written notice of entry if you need to look at the unit (see the next section).
3. Send a written notice to fix the problem. For damage, tell the tenant to repair it or pay compensation and allow a reasonable time. For cleanliness, tell the tenant what must be cleaned and by when. The Act does not state a number of days, and no prescribed form was found for the repair-or-pay notice.
4. Keep copies. The RTB asks you to attach copies of any letters asking the tenant to correct a problem if you later apply for an order of possession.
5. Re-check after the deadline with another proper entry notice, and record what you find.

The RTB guidebook says that for most breaches you must first give the tenant a written warning or a chance to correct the problem (RTB guidebook on notice for tenant not meeting an obligation). Skipping this step is the most common reason a later notice fails.

Section 54 lets you enter an occupied unit on written notice that states the purpose and the reasonable times of entry. The notice must be given not less than 24 hours and not more than two weeks before. No notice is needed in an emergency where entry is necessary. The tenant may object only by proposing reasonable alternative days and hours.

The RTB's guidance on entry says a general notice posted in common areas is not enough, that the tenant does not have to be home, and that "not being at home" is not a valid reason to change the time. It also suggests saying ahead of time if you plan to photograph damage (RTB guidebook on privacy).

One caution. The listed purposes include performing a landlord obligation and inspecting to determine whether an obligation should be performed, which is worded around your own obligations. The RTB describes the right as inspecting to see if you need to do any work. The Act does not state an express purpose of checking a tenant's cleanliness, so do not treat a routine inspection of tenant housekeeping as automatically allowed. If entry is refused, the Branch officer checks that proper notice was given and speaks to the tenant, and may put an agreement in writing. See also the guide on a tenant refusing entry and when a landlord may enter.

Section 96 gives two timing routes for a breach of the cleanliness duty (s. 70) or the repair duty (s. 72(1)). Both use the notice form for a cause other than non-payment, Form 10, signed by you (s. 84(1)).

The day of service is not counted in the notice period. If the notice ends the tenancy before the end of a rental payment period, you must return the unused rent. The guidebook says to deliver the notice in person or to an adult at the unit and to name every tenant on it.

The Act does not define "extraordinary damage" or "significant risk" with numbers. Whether your facts meet that test is for the Branch to decide at a hearing, so use the short route only when you can show it with photos and dated records. The general notice rules are also covered in the Manitoba landlord notice guide.

If the tenant does not leave, you apply to the Branch for an order of possession. The Branch pages call it an "Application for an Order of Possession"; no form number was found. The filing fee is $60 (Regulation s. 23(c)). The tenant must receive notice of the hearing at least five days before it. The usual move-out date is seven days after the order. The tenant has seven days to appeal a possession order and 14 days to appeal a compensation order. You have 30 days from the move-out date to file a non-rent order in the Court of King's Bench (RTB guidebook on orders of possession for other breaches).

You can claim damage and cleaning costs in the same application or later, and the guidebook says no second filing fee is needed for a follow-up claim. A compensation claim not related to a deposit costs $50 to file (Regulation s. 23(a)). Under s. 154(1) the director may order compensation for loss or expense, authorize a person to fix a problem and order the tenant to pay reasonable expenses, and award an order of possession.

There is no fixed dollar amount you may charge for cleaning. Compensation is set by order. The sources reviewed for this guide do not cover deposit deductions for cleaning or damage, so read the Manitoba landlord deposit guide before you deduct anything.

Never remove the tenant or the tenant's belongings yourself. You can regain possession only through a writ of possession (s. 80(2)), unless the tenant has vacated or abandoned the unit.

Municipal and public health rules are separate from the Act and apply only in the place that makes them. The RTB says it generally refers complaints about mould to the local environmental health authorities (RTB guidebook on cleaning during tenancy), and does not name the authority on that page. It names the City of Winnipeg Neighbourhood Liveability By-law only in its pest control guidance. None of the sources reviewed say that a landlord may or must call municipal property standards about a cluttered or dirty unit, and the text of any such by-law was not read. If a unit may be unsafe for other residents, ask your local health authority which rules apply where you are.

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.

If you want a second view on what to do next, see what to do if a tenant damages property.

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