To legally evict a tenant in Manitoba, a landlord must typically apply to the Residential Tenancies Branch (RTB). The basic filing fee for an Order of Possession is currently $60 CAD. However, if the tenant refuses to leave, registering the order and hiring a Court of King’s Bench sheriff for physical enforcement can add an estimated $300 to $500 CAD or more in costs.
Dealing with a difficult rental situation can be incredibly stressful and financially draining for any property owner. Whether you own a multi-unit apartment building in Winnipeg or rent out a single basement suite in Brandon, you must follow strict provincial procedures to remove someone from your property. Taking matters into your own hands, such as changing the locks without permission, is illegal and can result in massive fines.
Understanding the full financial picture before you begin the process will help you make informed decisions about your rental business. 📈 In this comprehensive guide, we will break down exactly how much it costs to navigate the formal eviction system in Manitoba. If you find the legal paperwork overwhelming or are facing a particularly stubborn tenant, we strongly recommend reaching out to a local real estate lawyer or law firm from our directory for professional assistance.
Step-by-Step Eviction Process in Manitoba
The rules governing landlord and tenant relationships are managed by the Residential Tenancies Branch (RTB), a provincial government agency. Whether your property is located in Thompson, Steinbach, or Portage la Prairie, the steps to regain possession of your rental unit generally remain the same. Here is what you can expect to do.
Step 1: Issuing the Correct Notice of Termination
The very first step is to provide the tenant with an official written notice. 📄 You cannot simply write a letter on a napkin; you must use the specific government forms provided by the RTB. The exact form you use depends entirely on the reason for the eviction, such as non-payment of rent, breaching building rules, or requiring the unit for the landlord’s own personal use. Serving this initial notice is technically free if you deliver it yourself.
Step 2: Applying for an Order of Possession
If the tenant ignores your notice and refuses to move out by the specified date, you must escalate the matter legally. You will need to file an Application for an Order of Possession with your local RTB office. At this stage, you must pay the standard government application fee. Once filed, the RTB will schedule a formal hearing where both you and the tenant can present your respective arguments to a hearing officer.
Step 3: Attending the RTB Hearing
During the scheduled hearing, you must provide solid evidence to prove why the eviction is justified. 🗂 This could include bank statements showing missed rent, copies of written warnings, or police reports if the tenant was causing a severe disturbance. If the hearing officer agrees with your case, they will officially issue an Order of Possession. This legal document formally orders the tenant to vacate the property by a specific deadline.
Step 4: Registering the Order in Court
In many cases, an RTB Order of Possession is enough to convince the tenant to pack up and leave. However, if they still refuse to go, you must take the RTB order to the Court of King’s Bench. You must formally register the document with the court to convert it into a Writ of Possession. The court charges a separate administrative filing fee for this mandatory step.
Step 5: Enforcing the Writ with a Sheriff
You are never allowed to physically remove a tenant yourself. 👮 Once you have the Writ of Possession from the Court of King’s Bench, you must hire a court-appointed sheriff to execute the eviction. The sheriff will schedule a date, arrive at the property, physically remove the individuals if necessary, and allow you to safely change the locks. You are responsible for paying the sheriff’s enforcement fees and travel mileage.
How Much Does it Cost in Manitoba?
The total price tag of an eviction can vary widely depending on whether the tenant leaves voluntarily after the hearing or forces you to hire law enforcement. Below is a breakdown of the standard expenses you may encounter in Canadian dollars (CAD).
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| RTB Application Fee | $60.00 | The standard non-refundable fee to file for an Order of Possession at the Residential Tenancies Branch. |
| Court of King’s Bench Filing | $30 – $50 | The administrative fee to register the RTB order and obtain a formal Writ of Possession. |
| Sheriff Enforcement Fees | $150 – $400+ | Costs vary based on the sheriff’s hourly rate and the total mileage travelled to reach the property. |
| Locksmith Services | $100 – $250 | Changing the locks immediately after the sheriff removes the tenant is highly recommended for security. |
| Lawyer / Law Firm Fees | $750 – $2,500+ | Optional but recommended if you need legal representation at the RTB hearing or help drafting complex documents. |
How Long Does the Process Take?
Evictions are rarely a quick fix. You must respect the statutory timelines and allow due process to unfold.
- Notice Period: Depending on the reason, the notice period ranges from 4 days (for unpaid rent) to 5 months (for landlord’s own use).
- Waiting for a Hearing: Once you file your application, it generally takes 2 to 4 weeks to get a scheduled hearing date with the RTB.
- Appeals and Enforcement: If the tenant appeals to the Residential Tenancies Commission, or if you need to schedule a sheriff, expect an additional delay of 3 to 6 weeks.
Frequently Asked Questions (FAQ)
Can I make the tenant pay for my eviction costs?
Generally, yes. When you apply to the RTB, you can request that the $60 filing fee be added to the amount the tenant owes you. If you incur court and sheriff fees, you may also be entitled to claim those back, though actually collecting the money from an evicted tenant can be quite difficult.
What happens if the tenant damages the property before leaving?
If you discover property damage after the eviction, you can file a separate claim with the RTB for compensation. You are legally allowed to keep the tenant’s security deposit to cover damages or unpaid rent, but you must officially inform them in writing.
Do I have to hire a lawyer for an RTB hearing?
No, the RTB is designed to be accessible to the public, so you do not strictly need a lawyer. However, having a legal professional on your side is highly beneficial if the tenant has their own representation or if the case involves complex lease disputes.
Can I turn off the utilities to force them out?
Absolutely not. Cutting off vital services like water, heat, or electricity is strictly prohibited in Manitoba. Doing so is considered an illegal eviction tactic and the RTB can impose severe financial penalties against you for this behaviour.
What do I do with the tenant’s abandoned belongings?
If a tenant leaves property behind after a legal eviction, you cannot simply throw it away. Manitoba law dictates specific rules for storing or disposing of abandoned goods, and you generally need to complete an inventory form and contact the RTB for permission to sell or dispose of the items.
Leave a Reply