To legally evict a tenant for property damage in Manitoba, you must serve a Notice of Termination for Cause. For extraordinary or intentional damage, you can give as little as 5 days’ notice. If the tenant refuses to leave, you must apply to the Residential Tenancies Branch (RTB) for an Order of Possession, which costs a $60 filing fee.
Owning a rental property is a major investment, and discovering that a tenant is destroying your unit is every landlord’s worst nightmare. Whether you manage a duplex in Winnipeg, a basement suite in Portage la Prairie, or an apartment block in Selkirk, Manitoba law allows you to take swift action to protect your asset. However, you cannot simply kick the tenant out or change the locks, no matter how frustrated you are.
Evicting a tenant for damage requires following the strict legal procedures outlined by the Residential Tenancies Branch (RTB). 📋 A single misstep, like using the wrong form or giving improper notice, can result in your case being thrown out. In this guide, we will explain how to legally and effectively end a tenancy when a tenant is causing negligent or intentional harm to your property.
Step-by-Step Process in Manitoba
Handling property damage requires a clear separation between “ordinary wear and tear” and actual destruction. Scuffed paint is wear and tear; smashed drywall and broken windows are cause for eviction. Here is the general process landlords must follow in Manitoba.
Step 1: Document the Damage
Before confronting the tenant, gather your evidence. 📸 Take clear photographs and videos of the damage. Compare these to the move-in condition report that you and the tenant signed at the start of the lease. You should also get written estimates from contractors detailing exactly how much it will cost to repair the destruction. This evidence is vital if the case goes to an RTB hearing.
Step 2: Issue a Written Warning (For Minor Damage)
If the damage is relatively minor or the result of simple carelessness, the RTB generally requires you to give the tenant a written warning first. The warning must state exactly what was damaged, how the tenant must fix it or pay for the repairs, and give a reasonable deadline. Let them know that failure to resolve the issue will result in an eviction notice. If they fix it, the tenancy continues.
Step 3: Serve the Notice of Termination
If the tenant ignores your warning, or if the damage is severe and intentional (like smashing appliances or lighting fires), you must serve an official Notice of Termination for Cause. 🚩 In Manitoba, you must use the specific RTB form. For extreme damage that impairs safety, you can give as little as 5 days’ notice. For regular damage where a warning was ignored, you typically give one rental payment period of notice.
Step 4: Apply for an Order of Possession
If the termination date passes and the tenant refuses to move out, do not take matters into your own hands. You must apply to the RTB for an Order of Possession. You will pay a filing fee and receive a hearing date. At the hearing, present your photos, quotes, and copies of the warnings. Once the RTB grants the Order of Possession, the tenant is legally required to leave.
How Much Does it Cost in Manitoba?
While the eviction process itself is relatively inexpensive, the costs of repairs and potential legal help can add up quickly. 💵 Here is a look at the estimated costs associated with evicting a tenant for damage in Manitoba as of April 2026.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| RTB Application Fee | $60 | The government filing fee to apply for an Order of Possession. |
| Sheriff’s Office Fees | $525 | In Manitoba, only the Sheriff’s Office is legally authorized to execute evictions. Under the Court Services Fees Regulation (M.R. 150/2021), the statutory fee for executing a Writ of Possession is exactly $500.00 CAD (plus 5% GST, totaling $525.00), not including potential hourly surcharges after 6 hours. |
| Lawyer or Paralegal | $200 – $400 per hour | Optional but recommended if the damage is extensive or the tenant fights the eviction. |
| Process Server | $75 – $150 | Fee to have a professional properly serve the legal notices to a difficult tenant. |
How Long Does the Process Take?
If the damage is severe, you can issue a 5-day notice to vacate. However, if the tenant refuses to leave, you must wait for an RTB hearing, which usually takes 2 to 4 weeks to schedule. After the hearing, the RTB typically issues a decision within a few days to a month. Crucially, under section 160.2(5) of The Residential Tenancies Act, either party has 7 days to appeal the decision to the Residential Tenancies Commission. During this 7-day appeal period, the Order of Possession is automatically stayed (paused). If an appeal is filed, it will extend the timeline. Therefore, an undisputed legal eviction can take 3 to 6 weeks, but an appealed case can take significantly longer.
Frequently Asked Questions (FAQ)
Can I change the locks if they cause massive damage?
No. Changing the locks without an Order of Possession is strictly prohibited in Manitoba. If you do this, the RTB can force you to let the tenant back in and order you to pay them financial compensation.
Can I keep the damage deposit?
No, you cannot unilaterally keep the deposit. Under section 32 of The Residential Tenancies Act (C.C.S.M. c. R119), you cannot spend or hold the security deposit without the tenant’s written consent (such as a signed condition report). If the tenant does not agree to give you the deposit for repairs, you must file an official claim (Claim on Security/Pet Damage Deposit) with the RTB within 28 days of the tenancy ending. If you miss this deadline, you must return the deposit in full with interest.
What if the repair costs exceed the security deposit?
If the damage costs more than the deposit, you can file a separate claim with the RTB for compensation. If the RTB awards you a monetary order, you can enforce it through the Court of King’s Bench to garnish the tenant’s wages or seize assets.
What is the difference between wear and tear and damage?
Wear and tear is the natural deterioration that happens over time, like faded paint or worn carpets. Damage is sudden, negligent, or intentional harm, such as holes punched in doors, broken appliances, or burns on the flooring.
Can I evict a tenant if their guest caused the damage?
Yes. Under Manitoba law, the tenant is responsible for the actions and behaviour of anyone they invite onto the property. If their guest smashes a window, the tenant is legally responsible for the repair costs and can be evicted for it.
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