Tenant's Belongings Left Behind in Manitoba

Manitoba has a specific process for a tenant's belongings. It is in Part 7 of The Residential Tenancies Act. The Act calls these items "abandoned property": personal property a tenant leaves in the unit or complex after vacating, abandoning the unit or being evicted. The only way you may remove, store, sell or dispose of them is the way Part 7 sets out.

What you do depends on what the item is.

The sections below cover how to tell the unit is really abandoned, the order of steps, and what you cannot do. If the tenant is still living there, this is the wrong process. See the Manitoba eviction process guide instead.

The Act gives two tests. A tenant has abandoned the unit when the tenancy was not properly ended and either (a) the tenant has left and told you they do not intend to return, or (b) the tenant does not normally live there, has not said they will come back, and the rent they have paid no longer covers what they owe.

If the unit looks empty but the tenant has not told you anything, do not simply walk in and clear it out. The Act requires you to leave a notice at the unit at least 24 hours before your first entry (s. 54(2)(a)). The notice must say that you believe in good faith that the unit has been abandoned and that you intend to enter at a stated day and hour unless the tenant tells you before then that it has not been abandoned.

If the tenant does not respond, the Residential Tenancies Branch (RTB) says you can take the unit back and change the locks. If there is a later dispute, the Branch decides whether you acted in good faith. See the RTB's guide on abandoned rental units. Changing locks outside this situation is a different matter, covered in the section on what you cannot do.

Abandonment ends the tenancy, but the tenant can still owe future rent. You must try to re-rent the unit as soon as practicable and limit your losses. For a fixed-term tenancy that the tenant walks away from, you may charge an administration fee of up to $75 (Reg 71/2010 s. 19). If you are not sure the tenant has gone, what to do when a tenant has disappeared walks through the first steps.

Once the tenancy has ended or the unit is abandoned, work through these steps.

1. Leave the 24-hour notice at the unit if you do not already have the tenant's confirmation that they have left.
2. Enter after the notice period and go through what is left. Sort it into the groups in the table above: no value or unsafe, not worth storing, items with value, and personal papers and photographs.
3. At the earliest reasonable opportunity, make a reasonable effort to contact the tenant so they can claim the property. Use any phone number, email or forwarding address you have.
4. Complete the inventory on Form 12, "Inventory of Tenant's Abandoned Property". Give a copy to the tenant and a copy to the director of the RTB.
5. Store the items in a safe place and manner for at least 60 days, unless the director gives you a different direction.
6. After the 60 days, sell or dispose of the items in the way the director directs.
7. Send what is left of the sale money to the director with a report on Form 13, "Accounting of Sale of Abandoned Property".

Keep copies of the notice, the inventory and anything you send. If the tenant later says items went missing or were thrown out, those records show what you did and when.

The Act says a landlord who substantially complies with Part 7 is not liable. That protects a landlord who follows the process in good faith. It does not protect one who ignores it.

After the 60 days, the RTB tells you how to sell or dispose of the property. The RTB's guide on personal property left behind says the Branch authorizes the sale, usually by public auction.

From the proceeds you may keep your removal, storage and sale costs, plus any compensation order the tenant owes you. You send the balance to the director with your Form 13 report. The Branch holds the money for the tenant for two years. After that it goes to the security deposit compensation fund.

A tenant who comes back for their things before the 60 days are up can reclaim them, but must pay the reasonable costs of removal and storage. Personal papers and photographs must be held for the full 60 days before you dispose of them.

For a dispute over costs or what the items were worth, the RTB decides. See the Manitoba security deposit guide for how the deposit fits in. A landlord who has no claim must return the deposit and interest within 14 days after the tenancy ends. A landlord who does have a claim must send a written notice of the amount within 28 days and return the rest.

• Hold belongings for unpaid rent or damages. The RTB says a landlord cannot hold a tenant's belongings for unpaid rent or damages. The Act also bans seizing a tenant's personal property for breaking the lease or Act, including not paying rent (s. 63), and bans distraint for rent (s. 192(1)).
• Dispose of valuable items early. Items of value, and personal papers and photographs, must be inventoried and held for at least 60 days. Throwing them out on day two puts you outside Part 7.
• Change the locks to push a tenant out. Neither side may change or interfere with a lock without the other's consent (s. 53(2)). Locking out a tenant who has not abandoned the unit is prohibited.
• Treat an eviction as the end of your duty. When the Sheriff enforces a writ of possession, the Sheriff's Office only removes the tenant, the tenant's family and any pets. What is left in the unit after an eviction still falls under Part 7.

Changing a lock, entering unlawfully and seizing property are all items the RTB can penalize. An administrative penalty may not exceed $5,000. For a listed contravention the amounts are $1,000 for the first, $3,000 for the second and $5,000 for the third or later (Reg 71/2010 s. 9(2)).

If a former tenant says you got rid of their belongings too soon, or that the unit was not abandoned, the RTB decides. It looks at whether you acted in good faith and whether you followed Part 7. Records of your notice, your attempts to contact the tenant, your Form 12 and your Form 13 report are what show it.

If you are unsure whether an item has value, treat it as having value. That keeps you inside the storage and inventory steps. If you are unsure whether the tenant is gone, send the 24-hour notice first. For help with a related problem, see what to do if a tenant has abandoned property and what to do when a tenant won't leave after notice.

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