An eviction through the Manitoba Residential Tenancies Branch (RTB) generally takes 4 to 8 weeks from the initial notice to the formal hearing. If a tenant refuses to leave after the RTB issues an Order of Possession, hiring a sheriff to physically enforce the eviction can add several more weeks.
Being a landlord or a tenant in Winnipeg comes with very specific legal rights and responsibilities. When a tenancy breaks down-whether due to unpaid rent, severe damage to the property, or noise complaints-the situation can quickly become stressful. In Manitoba, all residential evictions must legally pass through the Residential Tenancies Branch (RTB). Landlords cannot simply change the locks or throw a tenant’s belongings onto the street; doing so is illegal and carries heavy fines.
Understanding the strict legal timeline for an eviction is crucial for both parties. 📅 The process is designed to give tenants a fair opportunity to respond, while allowing landlords a legal pathway to reclaim their property. If you own a rental unit in St. Boniface, Fort Garry, or anywhere else in the province, this step-by-step guide explains exactly how the RTB eviction process works and how long it actually takes.
Step-by-Step Process in Manitoba
The eviction procedure under The Residential Tenancies Act of Manitoba requires precision. Even a minor spelling mistake on an official form can cause the RTB adjudicator to throw out the case, forcing you to start all over again.
Step 1: Issuing the Correct Notice of Termination
The process always begins with giving the tenant official written notice. 📝 You cannot use a handwritten letter; you must use the specific forms provided by the RTB. For non-payment of rent, a landlord issues a Notice of Termination for Non-Payment of Rent (usually giving the tenant 4 days to pay or move). For breaches of rules (like unauthorized pets or disturbing others), you generally must issue a warning first, followed by a formal Notice of Termination giving them a full rental payment period (usually 30 days) to leave.
Step 2: Applying for an Order of Possession
If the deadline on the Notice of Termination passes and the tenant has not moved out, the landlord must escalate the matter. You must file an Application for an Order of Possession with the RTB, either online or at their Winnipeg office at 1700 – 155 Carlton Street, and pay the mandatory filing fee. The RTB will then schedule a formal hearing date.
Step 3: The RTB Hearing and Decision
Both the landlord and the tenant will attend a hearing with an RTB adjudicator (often held by teleconference). 🖥 The landlord presents evidence (rent ledgers, warning letters, photos), and the tenant has the right to defend themselves. Following the hearing, the adjudicator usually issues a written decision and, if the landlord is successful, grants an Order of Possession.
Step 4: Enforcement by a Sheriff
The RTB Order of Possession will state a specific date by which the tenant must leave. If the tenant defies this order and remains in the unit, the landlord must take the Order to the Court of King’s Bench to obtain a Writ of Possession. You must then hire a provincial sheriff to physically remove the tenant and their belongings from the Winnipeg property.
How Much Does it Cost in Winnipeg?
Evictions cost landlords both time and money. 💸 If you find yourself needing to reclaim your property, here are the standard fees associated with the process in Manitoba.
- RTB Application Fee: Filing an Application for an Order of Possession currently costs $60 CAD.
- Court Filing Fee for Writ: Registering the certified RTB order to obtain a Writ of Possession at the Court of King’s Bench costs exactly $30 CAD under M.R. 150/2021.
- Sheriff Fees: Hiring a sheriff to enforce the eviction usually starts at $100 to $300 CAD, but can increase significantly depending on how much labour is required to remove furniture.
- Paralegal/Lawyer Fees: If you hire a professional to represent you at the RTB hearing, expect to pay $500 to $1,500 CAD.
How Long Does the Process Take?
The timeline heavily depends on the reason for eviction. ⏰ For clear cases of unpaid rent, the RTB prioritizes hearings, and you might receive an Order of Possession within 3 to 5 weeks. For evictions based on behavioural issues or property damage, the mandatory notice periods are longer, extending the process to 6 to 8 weeks. If the tenant files an appeal with the Residential Tenancies Commission (RTC), or if a sheriff is required, the timeline can drag on for an additional 1 to 2 months.
Frequently Asked Questions (FAQ)
Can I evict a tenant during winter in Manitoba?
Yes. Under Manitoba’s The Residential Tenancies Act, landlords can evict a tenant for “for-cause” reasons-including non-payment of rent, property damage, or safety threats-at any time of the year, regardless of the weather or whether the tenant has school-aged children. There is no winter ban for evictions where the tenant is at fault.
What happens if I change the locks on my tenant?
Changing the locks without an RTB Order of Possession and a sheriff is considered an illegal lockout. The RTB can force you to let the tenant back in and issue massive financial penalties against you for violating The Residential Tenancies Act.
Can a tenant appeal an RTB eviction order?
Yes. If a tenant disagrees with the adjudicator’s decision, they can file an appeal with the Residential Tenancies Commission (RTC). This temporarily pauses the eviction process until the appeal hearing takes place.
Can I evict a tenant so my family can move in?
Yes, this is called “landlord’s own use” (a no-fault eviction). However, if the tenant has school-aged children attending school, Section 98 of The Residential Tenancies Act dictates that the termination date of the tenancy is automatically deferred until June 30 (the end of the school year). If there are no school-aged children, a no-fault eviction for own use can proceed at any time of the year, subject to the required notice period (usually 3 to 5 months depending on local vacancy rates) and lease terms.
Leave a Reply