How to evict a tenant for non-payment of rent in Winnipeg?

Owning a rental property in Winnipeg can be a great investment, but dealing with a tenant who stops paying rent is incredibly stressful. When rent checks bounce or stop arriving altogether, it puts immense financial strain on you as a landlord. 💸

In Manitoba, the relationship between landlords and tenants is strictly governed by the Residential Tenancies Act. This means you cannot simply change the locks, cut off the electricity, or throw a tenant’s belongings onto the snowbank. Doing so is highly illegal and will result in massive fines against you.

Instead, you must follow a highly specific, legal eviction process. The system is designed to be fair but requires meticulous paperwork. We will outline the exact steps you need to take to legally reclaim your rental property.

Step-by-Step Process in Winnipeg

The Residential Tenancies Branch (RTB) oversees all housing disputes in the province. Follow these mandatory steps carefully, as one mistake in the paperwork can force you to start the whole process over. 📋

Step 1: Serve a Notice of Termination

You cannot evict someone verbally. As soon as the rent is late (often after a brief grace period if specified in the lease, but generally on the 5th day of the rental period), you must serve the tenant with the official RTB form: Notice of Termination for Non-Payment of Rent. 📄

This document tells the tenant exactly how much they owe and gives them a deadline to either pay the arrears in full or move out. Ensure you deliver this form legally, by handing it to the tenant directly or to an adult who lives in the unit. Leaving the notice in a mailbox or slipping it under the door is only permitted if you have obtained a prior order for substitutional service from the RTB.

Step 2: Apply for an Order of Possession at the RTB

If the tenant ignores the notice, does not pay, and refuses to leave by the deadline, you must file an application with the RTB. You are asking for an Order of Possession. 🏨

The RTB will schedule a hearing, which you both must attend (often by phone or video). At the hearing, present your rent ledger, a copy of the lease, and proof that you delivered the eviction notice. If the hearing officer agrees with you, they will issue the official Order of Possession.

Step 3: Hire a Sheriff for Enforcement

If the tenant still refuses to leave after the RTB grants the Order of Possession, you must take the order to the Court of King’s Bench to have it enforced. ⚖

You will pay a fee to hire court sheriffs. They are the only people in Manitoba legally authorized to physically remove a tenant and their belongings from a residential property.

How Much Does it Cost in Winnipeg?

Evictions cost landlords both time and money. Here are the typical expenses you should prepare for in Manitoba: 💰

• RTB Application Fee: Filing for an Order of Possession at the RTB costs exactly $60 CAD.
• Sheriff Enforcement Fees: If you need to hire the court sheriff to physically remove the tenant, the costs typically range from $100 to $300+ CAD.
• Lawyer or Paralegal Fees: If you hire a legal professional to handle the RTB hearing for you, expect to pay between $500 and $1,500 CAD.

How Long Does the Process Take?

Evictions in Manitoba are not immediate. ⏱

The landlord sets the deadline for the tenant to pay or move out on the Form 8 Notice of Termination, which legally must be at least 24 hours from when it is served. There is no mandatory 14-day grace period in Manitoba. Getting a hearing date at the RTB can take another 3 to 6 weeks depending on their backlog. If you have to wait for the sheriff to enforce the order, add another 2 to 4 weeks. In total, a contested eviction usually takes 2 to 3 months.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca