Tenant Refuses Entry in Manitoba: What a Landlord Can Do

Not once you have given proper written notice. Section 54 of The Residential Tenancies Act lets you enter a rental unit in an emergency, with the tenant's consent, or after written notice for a listed purpose. The notice has to state the purpose and the time or times of entry, and the times must be reasonable. You must give it at least 24 hours, and no more than 2 weeks, before you come in.

The tenant is not powerless. If the tenant objects to the days and hours in your notice and offers reasonable alternative days and hours, you cannot rely on the original times. So a tenant can push back on the timing, but a flat refusal does not cancel a valid notice.

The tenant-side rules are in our Manitoba landlord entry guide. This page is about what you do when the answer is no. For short answers, see the Ask pages on whether a tenant can refuse entry and when a landlord may enter.

The Act does not set clock hours such as 8 a.m. to 9 p.m. It only says the times in your notice must be reasonable. Use this table to match the situation to the rule.

If the tenant is not home, the Residential Tenancies Branch (RTB) tenant guide says you may still enter after written notice or in an emergency.

1. Pick a purpose the Act allows, such as a repair, an inspection or a showing to a buyer.
2. Write the notice. State the purpose and the time or times you plan to enter.
3. Choose times that are reasonable for the tenant. Avoid early mornings, late evenings and the middle of a workday if you can.
4. Deliver the notice at least 24 hours before the first entry, and no more than 2 weeks before.
5. Keep a copy and write down when and how you delivered it.
6. Arrive at the time you stated, and keep the visit to the purpose you gave.

If you plan to take photos of damage, tell the tenant ahead of time. The RTB says a tenant may refuse to allow photos of personal belongings. Photos of the unit are also personal information under federal privacy guidance, so state why you are taking them.

Start by reading the reply. A tenant who says the time does not work and proposes other days and hours is using a right the Act gives. Agree on a new time and give a fresh notice that matches it. A tenant who offers no alternative and simply blocks the door has not used that right, but you still cannot force the issue yourself.

The RTB says it has exclusive jurisdiction over disputes between landlords and tenants, including disputes over a landlord's right to enter a rental unit. That is where an entry dispute is settled, not at the door. For example, in a pest problem an RTB officer may issue an order allowing the landlord to enter the unit to exterminate. The tenant, for their part, must let the landlord or a hired exterminator in and follow the preparation instructions.

Read the RTB's page on privacy and entry before you decide on your next step. If your tenant is also behind on rent or breaking the lease, those are separate matters, covered in our guide to landlord notices to end a tenancy in Manitoba.

Several tempting responses break the Act and can cost you more than the original problem.

• Entering outside the rules. Entry that does not follow section 54 is on the list of provisions that can draw an administrative penalty.
• Changing or interfering with the lock. Neither a landlord nor a tenant may change or interfere with a lock without the other's consent, and neither may refuse consent unreasonably. This is also a penalty item.
• Cutting services to pressure the tenant. You may not withhold a vital service such as heat or water, and you may not withhold or reduce promised services.
• Taking the tenant's belongings. You may not seize a tenant's personal property for breaking the lease.

Administrative penalties are $1,000 for the first, $3,000 for the second and $5,000 for the third or later, and no penalty can exceed $5,000. Breaking these sections can also be an offence, with fines of up to $2,000 for an individual and $10,000 for a corporation. See our Manitoba eviction guide for the lawful way to end a tenancy.

1. Check your notice against section 54. If it lacks a purpose, lacks times or was given too late, fix it and deliver a new one.
2. Reply in writing to any objection. Offer other reasonable days and hours.
3. Keep a file: the notices, the replies and the dates of each attempt.
4. If the tenant still blocks lawful entry, contact the RTB and ask how to bring the entry dispute to the Branch.
5. Do not change the locks, enter without a lawful basis or take any step against the tenant's belongings or services while you wait.

In an emergency, such as a leak or a risk to safety, you may enter without notice if entry is necessary. Use that for real emergencies only, because the RTB can review whether one existed. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.