If a tenant refuses to leave after the eviction date in Manitoba, you cannot physically remove them yourself. You must take your valid RTB Order of Possession to the Court of King’s Bench to obtain a formal Writ of Possession, which costs exactly $30 CAD to file, and then hire a Court Sheriff or authorized Bailiff to perform the eviction. Be aware of strict deadlines: you must file the order within 90 days if it is for unpaid rent, or 30 days for any other reason.
Being a property landlord in Manitoba is usually a rewarding investment, but dealing with an extremely uncooperative tenant is a massive headache. You went through the incredibly long, exhausting process of applying to the Residential Tenancies Branch (RTB), attending the hearing, and successfully obtaining an official Order of Possession. Yet, the final move-out date has shockingly come and gone, and your tenant stubbornly remains inside the rental unit in Winnipeg, Brandon, or Selkirk. While your pure frustration is completely understandable, taking matters into your own hands is illegal and dangerous.
In Manitoba, “self-help” evictions are strictly prohibited by severe provincial laws. 🚫 You absolutely cannot change the exterior locks, turn off essential winter utilities like heating or water, or physically remove the tenant’s personal furniture yourself. Doing so is considered a massive provincial offence that can result in gigantic financial penalties directed against you. Instead, you must aggressively utilize the robust legal enforcement system through the Manitoba Court of King’s Bench to lawfully reclaim your valuable property.
Step-by-Step Process in Manitoba
Legally forcing a stubborn tenant out of your property requires efficiently escalating the RTB order to the highest civil court in the province. The legal pathway is meticulously designed to protect community peace and heavily prevent dangerous physical altercations. Here are the exact formal steps you must follow.
Step 1: Verify the RTB Order is Certified and Active
First, carefully look at your original RTB Order of Possession. 🔍 You must firmly ensure that the specific eviction date clearly printed on the order has fully passed, and you must aggressively confirm that the tenant has not formally filed an active appeal with the Residential Tenancies Commission (RTC). If an appeal was filed, the eviction is legally paused. Under Section 157 of Manitoba’s The Residential Tenancies Act, there are strict enforcement deadlines: if the eviction is for non-payment of rent, you have exactly 90 days from the move-out date set in the order to file it in court. For any other violation, you have only 30 days to file. If you miss these windows, the order expires and becomes completely unenforceable, forcing you to restart the eviction process from the beginning. If the date has expired, no appeal exists, and you are within your filing window, you must request a “certified true copy” of the order from the RTB.
Step 2: File at the Court of King’s Bench
You cannot simply call the local neighbourhood police to remove a tenant; police officers actively avoid civil disputes. Instead, you must take your certified RTB order down to the nearest Manitoba Court of King’s Bench registry location. There, you will submit a requisition along with a $30 CAD filing fee. The court clerk will then issue a powerful legal document known as a “Writ of Possession.” This specific writ is the absolute legal authority required to forcefully clear the property.
Step 3: Hire a Court Sheriff or Authorized Bailiff
Once you proudly hold the stamped Writ of Possession, you must immediately contact the local Sheriff’s Office or a legally licensed private bailiff company operating in Manitoba. 👮 You will officially hand over the writ, pay their mandatory enforcement fees, and carefully fill out detailed instruction forms regarding the exact location of the property and any known severe safety risks (such as a tenant who owns weapons or vicious dogs).
Step 4: The Physical Eviction Process
The Sheriff or professional bailiff will independently schedule the exact eviction date and physically travel to the rental unit. They will firmly order the tenants to leave the premises immediately. If the tenants foolishly refuse, the Sheriff has the supreme legal authority to physically remove them and perfectly secure the property. At this exact moment, you or your hired locksmith can safely and legally change the exterior door locks. Any personal belongings left behind must be handled in strict accordance with RTB rules for abandoned property. Under Sections 106 to 108 of The Residential Tenancies Act, if the tenant leaves valuable goods, personal papers, or photographs, you are legally required to complete an inventory form, notify both the tenant and the RTB, and safely store these items for a mandatory period of 60 days before you can dispose of, donate, or sell them.
How Much Does it Cost in Manitoba?
Enforcing an eviction is an expensive reality of the tough rental business, and landlords must quickly prepare to cover these sudden upfront costs. Here are the typical eviction expenses for April 2026:
- Court of King’s Bench Filing Fee: Filing a Requisition for a Writ of Possession costs exactly $30 CAD at the court registry.
- Sheriff / Bailiff Fees: Hiring a professional bailiff to execute the writ safely usually costs between $250 and $600 CAD. This heavily depends on the driving distance to the property and the total hours spent on-site.
- Locksmith Services: You will routinely pay $100 to $200 CAD to quickly change the locks immediately after the physical eviction.
- Lawyer Fees: If you wisely choose a local law firm to handle the stressful court filings and coordinate with the bailiff, expect to pay around $500 to $1,000 CAD for their excellent legal assistance.
How Long Does the Process Take?
While you certainly want the terrible tenant gone yesterday, the rigid legal enforcement process takes uncomfortable time. ⏳
- Obtaining the Writ: Filing the certified order at the busy Court of King’s Bench usually only takes 1 to 3 business days to successfully process.
- Scheduling the Sheriff: Depending entirely on the current immense workload of the local Sheriff’s office in Winnipeg or rural Manitoba, it can take anywhere from 1 to 3 long weeks for them to safely schedule the physical eviction day.
- Overall Delay: You should realistically expect your property to be tied up for roughly 2 to 4 weeks immediately following the original RTB move-out date.
Illegal Eviction vs. Legal Eviction
| Action | Illegal “Self-Help” Eviction | Legal Court Eviction |
|---|---|---|
| Lock Changes | Landlord dramatically changes locks without any permission | Changed strictly only after Sheriff officially clears the unit |
| Utilities | Turning off essential heat or water to force them out | Utilities remain on; tenant is removed by legal authorities |
| Consequences | Landlord gets heavily fined or sued for damages | Landlord safely and fully regains legal control of property |
Frequently Asked Questions (FAQ)
Can I quickly call the RCMP or local police to evict the tenant?
No. Standard police officers in Manitoba will incredibly rarely enforce an eviction because it is strictly classified as a complex civil matter, not a standard criminal offence. You absolutely must use the Court of King’s Bench and an authorized Sheriff or licensed bailiff.
What exactly happens to the furniture the tenant leaves behind?
Under Sections 106 to 108 of The Residential Tenancies Act, if a tenant leaves behind valuable items, personal documents, or photos, you are legally obligated to fill out an ‘Inventory of Tenant’s Abandoned Property’ form, send it to the RTB and the tenant, and safely store the items for exactly 60 days. After this 60-day period, the RTB will authorize you to sell the valuable items (often by public auction) or safely dispose of them if they are of little value.
Can I legally force the tenant to pay for the expensive bailiff fees?
Yes. The hefty costs you directly incur for court filing fees and hiring the Sheriff can generally be legally added to the total massive debt the former tenant owes you. You can ambitiously pursue these extra costs later through a formal garnishment process.
Should I hire a lawyer for a Writ of Possession?
While an experienced landlord can technically navigate the court registry system alone, hiring a knowledgeable lawyer is highly beneficial if you want zero stressful mistakes. A great law firm ensures the complex paperwork is flawless, which prevents annoying court delays and speeds up the final physical eviction.
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