If your tenant fails to pay rent in Manitoba, you must wait until the rent is at least 4 days late. On the 5th day, you can officially serve them a Notice of Termination for Non-Payment of Rent. If they do not pay or move out, you can file an application with the Residential Tenancies Branch (RTB) for a $60 CAD fee.
Renting out a property is a business, and consistent cash flow is vital to covering your mortgage and maintenance costs. When a tenant stops paying rent, it can put you in a very difficult financial position. Whether your property is nestled in a quiet neighbourhood in Steinbach or located in the busy centre of Winnipeg, you must rely on the legal system, not self-help tactics, to recover your money and your property.
While it might be tempting to threaten a lockout, Manitoba law requires landlords to be meticulous with their paperwork when someone falls into arrears. 📝 In this guide, we will explain the exact, step-by-step method for evicting a tenant strictly for unpaid rent. If you are owed a significant amount of money and want to ensure no mistakes are made, consider hiring a local real estate lawyer or law firm from our directory to manage the file.
Step-by-Step Process in Manitoba
Evicting a tenant for non-payment is generally one of the most straightforward administrative processes at the Residential Tenancies Branch (RTB), provided you follow the rules perfectly. The law is designed to give the tenant a very brief grace period to catch up, after which you have the green light to take action.
Step 1: Wait the Required Grace Period
You cannot issue an eviction notice the very day the rent is late. 🕑 Under Manitoba law, you must wait until the rent is officially late for four complete days. For example, if rent is due on the 1st of the month, the 2nd, 3rd, 4th, and 5th represent the late period. You become legally eligible to hand them an eviction notice on the 5th day of the month.
Step 2: Serve the Official Notice
On that 5th day, you must provide the tenant with the official government document: the Notice of Termination for Non-Payment of Rent. You cannot write this notice yourself; it must be the exact form provided by the RTB. This document informs the tenant of exactly how much money they owe and gives them a hard deadline to either pay the balance in full or move out. You must serve this document properly, usually in person or by leaving it securely at the unit.
Step 3: Apply for an Order of Possession
If the deadline on your notice passes and the tenant has neither paid the rent nor vacated the property, your next step is to involve the government. 💻 You must file an Application for an Order of Possession at your local RTB office and pay the required filing fee. The RTB will then schedule a formal hearing date to resolve the dispute.
Step 4: Attend the RTB Hearing
You must attend the scheduled hearing, either in person or via teleconference, to present your evidence. Bring a clear copy of the lease agreement, the rent ledger showing the missed payments, and proof that you delivered the Notice of Termination correctly. If the hearing officer is satisfied with your documentation, they will issue an Order of Possession legally mandating the tenant to leave.
Step 5: Enforce the Writ of Possession
If the tenant remains incredibly stubborn and ignores the RTB’s final order, you must escalate the matter to the Court of King’s Bench. 👮 By paying a court fee, you register the order and receive a Writ of Possession. You then hand this writ over to a court sheriff, who is legally authorized to travel to the property and physically remove the tenant so you can change the locks safely.
How Much Does it Cost in Manitoba?
While recovering your property from a non-paying tenant, you will encounter some mandatory administrative costs. Here is what you can expect to spend in Canadian dollars (CAD).
- RTB Application Fee: Filing your claim for an Order of Possession and unpaid rent at the RTB costs $60 CAD.
- Court of King’s Bench Fee: Registering the order for physical enforcement generally costs around $30 to $50 CAD.
- Sheriff Fees: To have an officer physically remove the tenant, expect to pay between $150 and $400+ CAD, depending on the distance they must travel.
- Lawyer Fees: If you hire a professional law firm to handle the notices and the hearing, expect fees ranging from $750 to $2,500 CAD.
How Long Does the Process Take?
Evictions for non-payment are usually prioritized, but they still take time to conclude properly.
- Initial Waiting Period: You must wait 4 days after rent is due before giving notice.
- Notice to Move: The formal notice typically gives the tenant about 4 to 7 days to pay or leave.
- Getting to a Hearing: Once filed, it usually takes 2 to 4 weeks for the RTB to hold the hearing.
- Physical Eviction: Booking a sheriff for enforcement can add an additional 1 to 3 weeks to the final timeline.
Frequently Asked Questions (FAQ)
What happens if the tenant pays the rent after I give the notice?
If the tenant pays the full amount of rent owed before the deadline listed on the Notice of Termination, the notice is automatically cancelled. The tenancy continues as normal, and you cannot proceed with the eviction for that specific month.
Can I refuse partial rent payments?
Yes. You are not legally obligated to accept a partial payment. If you do choose to accept a partial payment after issuing a notice, you should provide a receipt clearly stating that accepting the money does not cancel the eviction notice.
Does the tenant have to pay my $60 filing fee?
Generally, you can request that the hearing officer add your $60 RTB filing fee to the total amount the tenant legally owes you. If granted, the tenant is officially responsible for reimbursing that expense along with the rent arrears.
How do I collect the unpaid rent after they are evicted?
If the RTB issues an Order for the Payment of Money, you can register it at the Court of King’s Bench. You can then use legal methods like garnishing their wages or seizing money from their bank accounts to recover the debt.
What if they are consistently late but eventually pay?
If a tenant is chronically late paying rent (usually three or more times in a short period), you may be able to issue a different type of notice for “breach of obligation” or “cause,” even if they eventually pay the balance each time.
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