In Manitoba, if a tenant engages in illegal activities that risk safety or property, a landlord can issue a minimum 5-day Notice of Termination. If the tenant refuses to leave, the landlord must apply for an Order of Possession through the Residential Tenancies Branch (RTB).
Discovering that illegal activities are taking place in your rental property is an incredibly stressful experience for any property owner. 🚨 Whether it involves illicit drug production, violent behaviour, or unauthorized weapons, an eviction involving illegal activities in a Manitoba rental must be handled quickly to protect your property and the surrounding neighbours. The province treats these situations with high urgency, offering an expedited eviction process to address severe safety threats.
If your property is located in Winnipeg, Brandon, or Selkirk, you cannot simply change the locks or physically remove the tenant yourself. Doing so is unlawful, and although Bill 13 (The Residential Tenancies Amendment Act, introduced in March 2026) proposes doubling maximum administrative penalties to $10,000 CAD, as of June 2026 this bill has been delayed to the fall legislative session and is not yet law. Therefore, the maximum administrative penalty for unlawful or bad-faith evictions remains $5,000 CAD. Instead, landlords must strictly follow the legal pathway established by the Residential Tenancies Branch (RTB) to avoid severe financial liabilities.
Step-by-Step Process for Eviction in Manitoba
Handling a high-risk eviction requires meticulous documentation and adherence to provincial timelines. 📋 Generally, your primary goal is to formally notify the tenant and, if necessary, escalate the matter to the RTB and the local authorities.
Step 1: Gathering Evidence and Police Involvement
Before issuing any notices, you must have reasonable proof of the illegal activity. This does not always mean waiting for a criminal conviction. Evidence can include police incident numbers, written complaints from terrified neighbours, or visual evidence of property damage. If the situation is actively dangerous, always call the local police first. Do not attempt to confront dangerous individuals on your own.
Step 2: Issuing the Notice of Termination
Once you have evidence, you must provide the tenant with a formal “Notice of Termination by Landlord” (Form 10). 📄 For standard breaches, landlords must give one rental month’s notice. However, for illegal acts that cause an immediate threat to the health and safety of others, or cause extraordinary damage, Manitoba law allows you to give as little as 5 days of written notice.
Step 3: Filing for an Order of Possession at the RTB
If the 5-day period expires and the tenant has not vacated the unit, you cannot force them out. You must immediately apply to the RTB for an Order of Possession. You will need to submit your evidence, a copy of the Notice of Termination, and pay a filing fee. The RTB will schedule an expedited hearing to review the case.
Step 4: Enforcing the Order via the Court of King’s Bench
If the RTB grants the Order of Possession and the tenant still refuses to leave, you must take the RTB order to the Court of King’s Bench in your local jurisdiction. ⚔️ There, you will obtain a Writ of Possession. Only a court-appointed Sheriff has the legal authority to physically escort the tenant off the premises. Never attempt to act as law enforcement yourself.
How Much Does it Cost in Manitoba?
Evicting a problematic tenant involves several government fees, and the costs can increase if you need professional legal assistance or law enforcement intervention.
- RTB Application Fee: Filing for an Order of Possession currently costs $60 CAD.
- Court of King’s Bench Fee: Obtaining a Writ of Possession costs exactly $60.00 CAD, which consists of a $30.00 CAD fee to register the certified RTB order and a $30.00 CAD fee for the Requisition for Writ of Possession under the Court Services Fees Regulation.
- Sheriff Enforcement Fees: Hiring the Sheriff to execute the Writ of Possession is a flat base fee of $500.00 CAD (plus 5% GST, totaling $525.00 CAD). This statutory rate covers up to 6 hours of work and up to 100 km of travel, with additional time billed at $80.00 CAD per hour (+ GST) per sheriff.
- Law Firm Representation: If the tenant contests the eviction, hiring a local lawyer to represent you at the RTB hearing usually costs between $250 and $400 CAD per hour.
| Reason for Eviction | Required Notice Period in MB |
|---|---|
| Illegal Activity causing immediate danger | 5 Days |
| Non-payment of Rent | Notice can be given after a 4-day grace period; landlord must specify a reasonable move-out date. |
| Breach of standard lease terms | 1 Rental Month |
How Long Does the Process Take?
An expedited eviction for illegal activities is the fastest pathway in Manitoba, but it is not instantaneous. ⌛ The initial notice period is 5 days. If a hearing is required, the RTB typically schedules urgent matters within 1 to 2 weeks. If you must proceed to the Court of King’s Bench and wait for a Sheriff, add another 1 to 3 weeks. In total, a heavily contested emergency eviction can take approximately 3 to 5 weeks from the delivery of the notice to the actual physical removal.
Frequently Asked Questions (FAQ)
Do I need a criminal conviction to evict for illegal activity?
No. You do not need to wait for the criminal justice system to convict the tenant. You only need to provide the RTB with a balance of probabilities that the illegal activity occurred and poses a risk to safety or the property.
Can I change the locks immediately if there are drugs inside?
Absolutely not. Unilaterally changing the locks is a serious offense in Manitoba. Doing so without an RTB Order of Possession constitutes an illegal eviction, exposing you to massive financial liabilities. Although Bill 13 (introduced in March 2026) proposes doubling the maximum administrative penalty to $10,000 CAD, as of June 2026 the legislation has been delayed to the fall session and is not yet in effect. Thus, the current maximum administrative penalty for landlords who carry out illegal lockouts remains $5,000 CAD. You must strictly adhere to the formal 5-day notice, obtain an RTB order, and have it enforced by a Sheriff.
What happens if the tenant appeals the RTB decision?
Tenants have the right to appeal an Order of Possession to the Residential Tenancies Commission (RTC). However, in cases of severe illegal activity, the landlord can request that the order not be stayed (paused) during the appeal process.
Should I hire a law firm for an expedited eviction?
While not strictly required, many landlords choose to hire a lawyer when dealing with dangerous tenants or complex legal evidence. A legal professional ensures that no procedural mistakes delay the eviction.
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