Tenant Won't Leave After Notice in Manitoba

A notice of termination sets a date. It does not remove anyone. If the tenant is still in the unit after that date, the tenancy agreement continues to bind both sides, and the tenant is liable to compensate you for the period they stay.

The Act is clear that unless the tenant has vacated or abandoned the unit, you may regain possession only under a writ of possession. That writ is issued by the court registrar after you have an order, and the Sheriff's Officers carry it out. Nothing you do on your own, such as moving belongings out or changing locks, replaces that process.

The tenant's side of the same process is in the Manitoba eviction process guide. The full route from notice to removal is in the landlord eviction guide for Manitoba.

The RTB will not grant an order of possession if the landlord's notice of termination is not valid. Before you apply, check each of these:

• The ground. The notice must rest on a ground the Act allows, such as unpaid rent, cause, or one of the no-fault reasons.
• The form. It must be the prescribed notice for that reason.
• The period. The notice must give at least the period the Act or regulation requires for that reason.
• The tenancy type. In a fixed-term tenancy, a no-fault notice cannot take effect before the end date.
• Payments. On a non-payment notice, accepting the full amount owing waives it unless you confirmed in writing at that time that you still treat the agreement as ended.

If anything is wrong, it is usually quicker to give a corrected notice than to proceed on a weak one. The periods for each reason are laid out in the Manitoba landlord guide to ending a tenancy.

1. Apply to the RTB for an order of possession. The RTB landlord guide tells landlords to come to the branch and file the application if the tenant does not move out by the date on the notice. The regulation fee is $60, and the application can include a claim for compensation.
2. Serve the hearing notice at least 5 days before the hearing.
3. Attend the hearing. It goes ahead without you if you do not come. Hearings are public.
4. Receive the decision. The hearing officer generally issues a decision within two working days, and the order usually requires the tenant to move on or before a date seven days after it is issued.
5. File the order in the Court of King's Bench if the tenant is still there, and obtain a writ of possession.
6. The Sheriff enforces the writ. Sheriff's Officers remove the tenant.

The RTB's guides on orders of possession and enforcing an order have the details. Hearing day information is also on the RTB's pages. The guide pages do not state how soon a hearing is scheduled, so do not promise a date to anyone. For the general question, see the Ask page on what to do if a tenant refuses to move out.

An appeal to the Residential Tenancies Commission stays the order unless the Commission orders otherwise. In practice, wait out the appeal period before you file the order in court. A tenant who missed a non-payment hearing needs the Commission's leave to appeal, which is available only if they could not reasonably attend or the order relied on false or misleading information.

There is no court appeal from an RTB or Commission decision. Note the court filing deadline when you receive the order and diarize it.

Waiting is frustrating, but self-help is expensive in Manitoba.

• Do not change the locks. The RTB can charge landlords who lock out tenants an administrative penalty.
• Do not remove or seize belongings. The Act bars seizing a tenant's property for breach of the agreement or unpaid rent.
• Do not cut off heat, water or power. Withholding a vital service is prohibited.

Administrative penalties are $1,000, $3,000 and $5,000 for a first, second and third or later contravention, with a cap of $5,000.

Taking rent while the tenant overstays. A tenant who stays after the termination date must compensate you for that time. On a non-payment notice, accepting the full amount can waive it unless you confirm otherwise in writing, and a partial payment does not waive it unless you tell the tenant in writing they may stay. The sources reviewed for this guide found no rule on accepting rent after a cause or no-fault notice, so ask the RTB before you accept money in that situation.

The Sheriff is only required to remove the tenant, the tenant's family and any pets, so expect belongings to be left behind. Property left in the unit after an eviction is abandoned property, and you may handle it only under the Act. If it has no monetary value, or is unsanitary or unsafe to store, you may dispose of it. For anything else, make a reasonable effort to contact the tenant, prepare an inventory on the prescribed form (Form 12), give a copy to the RTB and the tenant, and store the goods safely for at least 60 days. Personal papers and photographs also get 60 days.

After that, you may sell or dispose of the property as the RTB directs. You may keep removal, storage and sale costs and any compensation owed, and send the balance to the RTB with a report on the prescribed form (Form 13). A landlord who substantially complies with these rules is not liable. See the RTB's guide on personal property left behind. A landlord cannot hold a tenant's belongings for unpaid rent or damages.

If the person never had a tenancy agreement, the Act says you are not required to use the writ process, though you may choose to. The provincial Trespass Act does not apply to a person who ordinarily lives on the premises, so do not assume you can treat a long-term occupant as a trespasser.

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