To evict a tenant in Manitoba, you must have a valid reason under the Residential Tenancies Act, such as non-payment of rent, significant property damage, or disturbing the peace. You cannot evict someone simply because you dislike them, and filing for an Order of Possession at the Residential Tenancies Branch (RTB) currently costs $60 CAD.
Being a landlord in Manitoba can be a rewarding investment, but it comes with strict legal responsibilities. When a tenancy relationship breaks down, you cannot simply change the locks or force the tenant out. Manitoba law heavily protects tenants from arbitrary evictions, meaning you must follow a highly regulated process.
Whether you rent out a condo in Winnipeg, a basement suite in Brandon, or a duplex in Portage la Prairie, the rules remain the same across the province . This guide will walk you through the permitted reasons for ending a tenancy and the steps you must take to legally remove a problem tenant.
Step-by-Step Process in Manitoba
The eviction process is overseen by the Residential Tenancies Branch (RTB), the provincial agency responsible for handling landlord-tenant disputes. Before you consult a local Law Firm, it is crucial to understand which legal category your situation falls into. Here is how you identify a valid reason and start the process.
Step 1: Identifying Non-Payment of Rent (Form 8)
The most common reason for eviction is non-payment of rent 💰. Under Section 95(1) of Manitoba’s The Residential Tenancies Act, if rent is not paid on the due date, you must wait until the rent is unpaid for three full days before you can serve the tenant with a Form 8 (Notice of Termination by Landlord for Non-Payment of Rent). For example, if rent is due on the 1st of the month, the earliest you can legally serve this notice is the 5th. Crucially, Manitoba law does not prescribe a mandatory minimum notice period for non-payment evictions; you can specify any termination date on Form 8, although providing a few days to a week is recommended to allow the tenant time to pack.
Step 2: Addressing Property Damage or Disturbance (Form 10)
If a tenant causes significant damage to your property, repeatedly disturbs other neighbours, or commits an indictable offence on the premises, you have grounds for eviction. For these behavioural issues, you will use Form 10 (Notice of Termination for Cause). Depending on the severity of the danger or damage, the notice period can range from immediate (24 hours) to one rental payment period.
Step 3: Landlord’s Personal Use (Form 11A)
You can legally evict a tenant if you, your spouse, or your immediate family (such as parents or adult children) intend to move into the rental unit 🏠. This requires Form 11A. It is critical to note that you cannot use this reason simply to kick a tenant out and re-rent the unit at a higher price; you or your family member must genuinely and continuously occupy the property for at least 12 months (one year) before it can be re-rented or sold. Failing to do so is considered a bad-faith eviction and exposes you to major compensation claims from the displaced tenant.
Step 4: Serving the Notice of Termination
Once you have the correct form, you must serve it to the tenant properly. Under Section 184(2) of the Act, you must serve the Notice of Termination in person-either directly to the tenant face-to-face or to an adult residing in the unit. You cannot simply slide it under the door or send it by mail on your own initiative; any alternative service method requires an official Order for Substitutional Service from the RTB. Proper service is critical; if the RTB finds your service defective, your case will be instantly dismissed.
Step 5: Applying to the RTB for an Order of Possession
If the deadline on your notice passes and the tenant refuses to leave, you cannot physically remove them. You must apply to the RTB for an Order of Possession. This involves submitting your application, paying the government fee, and waiting for a scheduled hearing where an officer will review your evidence.
How Much Does it Cost in Manitoba?
Evicting a tenant will cost you time and money. Here are the typical expenses a Manitoba landlord can expect during this process:
- RTB Filing Fee: Applying for an Order of Possession at the Residential Tenancies Branch costs $60 CAD.
- Process Server: Hiring a professional to formally serve the documents can cost between $75 CAD and $150 CAD.
- Lawyer Fees: If you hire a Lawyer to handle the RTB hearing, expect to pay between $1,500 CAD and $3,500 CAD for their services.
- Bailiff Fees: If the tenant ignores the RTB Order of Possession, you must hire a court bailiff to physically remove them, which generally costs $500 CAD to $1,500 CAD.
| Feature | Non-Payment of Rent | For Cause (Damage/Noise) |
|---|---|---|
| Required Form | Form 8 | Form 10 |
| Standard Notice Period | No statutory minimum (immediate) | 1 rental payment period (varies) |
| Right to Cancel | Yes, if they pay in full before the deadline | No automatic right, depends on RTB |
How Long Does the Process Take?
The timeline heavily depends on the reason for eviction and how quickly you file your paperwork . For non-payment of rent, the date on the notice is just the beginning. If the tenant disputes the notice or refuses to leave, you must wait for an RTB hearing.
Generally, getting a hearing date takes 2 to 4 weeks. After the hearing, if the officer rules in your favour, the tenant is usually given a few days to a week to vacate. In total, a contested eviction in Manitoba typically takes 1.5 to 3 months from the day the rent was missed.
Frequently Asked Questions (FAQ)
Can I change the locks if the tenant doesn’t pay rent?
Absolutely not. Changing the locks, shutting off utilities, or removing the tenant’s belongings without an Order of Possession from the RTB is illegal in Manitoba and can result in severe financial penalties for the landlord.
Is there a ban on winter evictions in Manitoba?
Manitoba does not have an absolute ban on winter evictions, but the RTB may temporarily delay the enforcement of an Order of Possession during extreme cold weather conditions to ensure the tenant’s safety.
Do I need to hire a lawyer for an RTB hearing?
You are not legally required to have a Lawyer at an RTB hearing. However, if the tenant is aggressively fighting the eviction or if the case involves complex property damage, legal representation is highly recommended.
Can I evict a tenant because I am selling the house?
Yes, but only if the person buying the property intends to move in personally. In this case, you would serve the tenant with the appropriate notice on behalf of the purchaser once the sale agreement is final and all conditions are met.
What happens if the tenant leaves garbage behind?
If the tenant leaves garbage or damaged property, you can file a separate claim with the RTB to keep their security deposit. If the damages exceed the deposit, you can pursue a monetary order for the remaining balance.
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