In Manitoba, the notice period for a landlord’s personal use eviction ranges from 3 to 5 months, directly depending on the local rental vacancy rate in your specific city. Landlords must use Form 11A and are legally required to pay the tenant’s reasonable moving expenses, up to a maximum of $500 CAD.
Purchasing a tenanted property with the intention of moving in, or deciding to take back your current rental property for a family member, is a common scenario for property owners. However, Manitoba law heavily regulates “own use” evictions to prevent landlords from abusing this process to simply find higher-paying tenants.
Whether your property is located in Winnipeg, Brandon, or Selkirk, the notice period you must provide is uniquely tied to the housing market conditions in your specific area . This guide explains how to calculate the correct notice period and the strict legal requirements you must follow when reclaiming your property for personal use.
Step-by-Step Process in Manitoba
Ending a tenancy for personal use is scrutinized closely by the Residential Tenancies Branch (RTB). A single mistake regarding the timeline or the required compensation will result in your notice being voided. Here are the steps to successfully navigate this process.
Step 1: Checking the Local Vacancy Rate
Unlike other provinces, Manitoba’s notice periods for personal use evictions are tied to the local rental vacancy rate published by the Canada Mortgage and Housing Corporation (CMHC) 📊. If the vacancy rate in your city is less than 2%, you must give 5 months’ notice. If it is between 2% and 2.9%, you must give 4 months’ notice. If it is 3% or higher, you must give 3 months’ notice. You must verify the current CMHC report for your specific municipality before proceeding.
Step 2: Accounting for School-Aged Children
Manitoba provides extra protection for families. If your tenant has school-aged children living in the rental unit, you generally cannot force them to move during the school year . In these cases, the eviction date must be delayed until the end of the school year (typically June 30), regardless of the standard vacancy rate notice period.
Step 3: Completing Form 11A
Once you determine the correct move-out date, you must complete Form 11A (Notice of Termination by Purchaser or Landlord). The form must clearly state who is moving in. Under Manitoba law, “personal use” is strictly limited to the landlord, the landlord’s spouse, or the parents/adult children of the landlord or spouse. You cannot evict a tenant so a sibling, cousin, or friend can move in.
Step 4: Paying the Tenant’s Moving Costs
When you evict a tenant for personal use in Manitoba, you are legally forcing them to incur sudden expenses. Therefore, the law requires the landlord to pay the tenant’s reasonable moving expenses, up to a strict maximum of $500 CAD 🚚. You must be prepared to write a cheque for these costs once the tenant provides a receipt from a moving company or truck rental service.
Step 5: Applying to the RTB if the Tenant Stays
If you serve the Form 11A correctly and the tenant refuses to vacate by the termination date, do not take matters into your own hands. You must file an application with the RTB to get an Order of Possession. Many landlords consult a Law Firm at this stage to ensure their case is strong, as the RTB will demand proof of your genuine intent to move in.
How Much Does it Cost in Manitoba?
Reclaiming a property for your own use comes with mandatory financial obligations. Here are the expected costs:
- Mandatory Moving Costs: You are legally required to reimburse the tenant up to $500 CAD for their moving expenses upon receiving receipts.
- RTB Filing Fee: If the tenant does not leave voluntarily, applying for an Order of Possession costs $60 CAD.
- Lawyer Fees: If the tenant disputes your notice at a hearing, hiring a Lawyer to represent you will generally cost between $1,500 CAD and $3,500 CAD.
- Loss of Rent: You must also account for the loss of rental income, as you or your family member must occupy the unit for at least six months.
| Feature | Vacancy Rate < 2% | Vacancy Rate 2% to 2.9% | Vacancy Rate 3%+ |
|---|---|---|---|
| Notice Required | 5 Months | 4 Months | 3 Months |
| Moving Expenses Limit | $500 CAD | $500 CAD | $500 CAD |
| Form Used | Form 11A | Form 11A | Form 11A |
How Long Does the Process Take?
The timeline is dictated strictly by the notice period, which ranges from 3 to 5 months based on your local CMHC vacancy rate . If you have a fixed-term tenancy agreement (a lease), you cannot evict the tenant for personal use before the lease officially ends, meaning you must time your notice to coincide with the end of the lease term.
If the tenant decides to fight the eviction, waiting for an RTB hearing and a subsequent Order of Possession can add an additional 4 to 8 weeks to your timeline after the initial notice period expires.
Frequently Asked Questions (FAQ)
What happens if I don’t actually move in?
If you evict a tenant for personal use and then immediately re-rent the unit or sell it, you have committed a bad faith eviction. The RTB can order you to pay the evicted tenant’s actual moving costs, their increased rent at a new location, and a penalty of up to $2,000 CAD or more.
Does this rule apply if I am selling the house?
Yes. If you sell the property and the new purchaser wishes to move in, you (the current landlord) must serve Form 11A on behalf of the purchaser. The same vacancy rate rules and $500 moving expense limits apply.
Can the tenant leave earlier than the notice period?
Yes. Once a tenant receives a Form 11A, they have the right to give you a counter-notice of at least one rental payment period to leave early, and they will only be responsible for rent up to the day they leave.
Can I evict a tenant so my brother can move in?
No. Under the Residential Tenancies Act in Manitoba, “immediate family” for the purpose of eviction only includes your spouse, your parents, your spouse’s parents, your adult children, or your spouse’s adult children. Siblings do not qualify.
Do I have to pay the moving costs upfront?
No, you do not hand the tenant cash immediately. The landlord is required to pay up to $500 CAD only after the tenant has actually moved out and provided valid receipts for their moving expenses.
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