Renting in Manitoba

Governing or Regulatory Body

The Residential Tenancies Branch, Consumer and Corporate Affairs Division, Finance.

Name of ACT / Regulations

• Residential Tenancies Act
• Residential Tenancies Regulation,
• Residential Rent Regulation,
• Residential Tenancies Interest Regulation

Types of Housing/Living Arrangements Covered by the Provincial Legislation

Permanent residential premises.

Exclusions: hotels occupied on a transient basis; seasonal homes; co-ops; jails; temporary shelter; universities and colleges; religious groups accommodation; adjoined staff accommodation in an agricultural venture.

Types of Rental Periods

The lease can be a periodic lease where the rental period does not have to relate to a calendar week, month, or year, a month-to-month lease, or a fixed-term lease.

Is a signed lease required?

No. If the agreement is in writing, both the tenant and landlord must sign it and the landlord must give the tenant a copy of the agreement within 21 days after the tenant has signed it. Tenants who haven't received a copy of their lease may contact the Residential Tenancies Branch to ensure that they are covered by the legislation.

Is a signed move in/move out checklist required?

Yes, if requested by either the landlord or tenant. The Residential Tenancies Branch has a Rental Unit Condition Report available, or another checklist may be used.

Deposits

½ of first month's rent may be collected. The security deposit is held by the landlord. If the landlord has no claims to use the funds, the deposit must be returned to the tenant within 14 days of the end of the tenancy. If a claim is made, the landlord can hold the deposit and is required to notify the tenant of the claim within 28 days. Interest is payable upon moving out; the government sets the interest rate to be paid.

Landlords are required to forward security deposits or rent overpayments to the province if they are unable to return them directly to the tenant. Tenants may then apply to the province for their money.

Key Money

Requiring key money is illegal.

Post-dated Cheques

Landlords may request post-dated cheques, but tenants are not obliged to comply.

Renewal of Lease Term

If the tenancy is for a fixed-term, the landlord has to give the tenant a renewal agreement 3 months before the first term ends. If the landlord doesn't offer a renewal and the tenant stays in the unit, the agreement automatically renews for another fixed term of the same length. This can only happen once. If the landlord fails to offer a renewal before the end of the 2nd term, it then becomes a month-to-month tenancy.

Terminating a Lease: Notice and Timing

Prior to a lease terminating, it is the responsibility of landlord and tenant to either re-negotiate terms or terminate the lease. Tenants may not give notice during a fixed term lease, rather at the end of the fixed term. Landlords may only terminate a tenancy for specified reasons as set out in the legislation and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month to month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term. When a lease is renewed, unless otherwise agreed, other than the new term of the lease, all other conditions of the lease remain the same.

The amount of notice needed to end a tenancy agreement depends on whether the agreement is periodic, week-to-week, month-to-month, or fixed term (usually one year). Periodic tenancies require notice of one full rental payment period. Tenants on fixed-term agreements are normally required to assign their agreement to another tenant if they want to move before the end of the agreement.

Unless a landlord has reason to end a tenancy agreement, the landlord must give a tenant a new tenancy agreement at least 3 months before the expiry date of the current tenancy agreement. The terms of the new tenancy agreement may change by mutual consent. Any changes should be written in the new agreement. A tenant must return the signed renewal agreement to the landlord at least 2 months before the current agreement ends. Otherwise, the tenancy ends on the date that the current tenancy agreement ends.

Assignments and Sublets

A tenant must get the landlord's written approval to assign or sublet a tenancy agreement. Landlords must have good reason to reject an assignment or sublet. A landlord may charge the original tenant a one-time administrative fee of up to $40.00 for assignment or sublet to offset the landlord's costs to process the paperwork and to change their records.

Rent Increases: Notice and Timing

Rent increase guidelines are set each year by the province to take effect January 1st. Landlords must follow these guidelines or apply to the Residential Tenancies Branch if they can show that the increase will not cover their operating costs and they want to increase the rent beyond the allowable guidelines. A tenant may object to any rent increase and send their objection to the Residential Tenancies Branch at least two months before the effective date of the increase. Landlords must give tenants proper, written notice at least 3 months before the increase is to take effect. The Branch provides notice forms. As of August 1, 2004, there is a fee for applying for an above guideline rent increase. The fee is $150.00 if there are 3 or less units in a complex and $500.00 for complexes with 4 or more units. Rents can be increased only once every 12 months.

Late Rent Payments

Rent is late on the 4th day after the due date. For example, if the rent is due on the 1st, the grace period is the 3 days following the due date (the 2nd, 3rd and 4th). In this example, this means rent is late on the 5th and the landlord can give notice on that day. "After the due date" means the due date is not included in the calculation.

Landlords may charge $5 for the first day late and $1 per day for each day thereafter to a maximum of $65.

Evictions

Landlords must apply to The Residential Tenancies Branch to evict a tenant, and to apply they must pay $60. Then a hearing is held and evidence provided including the Termination Notice. If an Order of Possession is granted, the order is enforceable in the Sheriff's office for eviction. If the tenant disagrees with the hearing outcome, the tenant may appeal to the Residential Tenancies Commission, then a new hearing will be set.

The waiting period for a hearing is usually 2 to 3 weeks and decisions are made within 2 days of the hearing. The appeal period is 7 days. A landlord might have to wait 2 or 3 days for the Sheriff to enforce the Order of Possession.

Fine Points

Permitting Landlord Entry to the Premises (Times and Reasons)

Landlords must provide between 24 hours and 2 weeks written notice prior to entering the premises. The Residential Tenancies Branch views entry hours between 9 a.m. and 8 p.m. as reasonable although specific times are not written in the legislation. Once a Notice to Quit is given, landlords may enter without notice to show the unit to new renters.

May the tenant withhold rent for repairs?

No. A tenant should give the landlord a written list of the repairs needed and a reasonable period of time to do the work. If the landlord doesn't do the repairs, the tenant can contact the Branch for help. The Branch may order the landlord to do the repairs. If the landlord doesn't comply, the Branch may then collect rent and hire a contractor to do the work.

Changing locks

Not allowed.

Pets and Smoking

May a landlord refuse to rent to a tenant who has pets or smokes?

Regarding Pets:

Yes, a landlord may refuse to rent to new tenants if they have a pet. In cases where new management takes over a building and wants to impose a no pets rule, existing tenants who have pets would be allowed to keep those pets but not replace them.

If a no pets clause is written into a lease and the landlord discovers that the tenant has a pet in the rental unit, is this grounds for the landlord to evict the tenant?

Yes, but the landlord must first give the tenant a written warning to get rid of the pet. If the tenant doesn't remove the pet, then the landlord can give notice for breach of the tenancy agreement. If a pet is causing damage or disturbing other tenants, the landlord may also give the tenant a warning and then a notice to move.

Regarding Smoking:

Landlords can restrict smoking in common areas, like hallways, elevators, laundry rooms and recreation facilities. If a tenant smoked in those areas, the landlord could give a warning and then notice for breach of a reasonable rule.

If a landlord has a rule that tenants can't smoke in their units and a tenant breaches that rule, the landlord could give a warning and then a notice of termination. However, the tenant could challenge the landlord's notice and ask the provincial authority to determine if the landlord's rule is reasonable.

Contact Information

For general information about renting in Manitoba contact:

Manitoba Consumer and Corporate Affairs – A Division of Manitoba Finance
Residential Tenancies Branch
302 - 254 Edmonton Street
Winnipeg, MB
R3C 3Y4
Toll-free: 1-800-782-8403 (within Manitoba)
Tel.: 204-945-2476
Fax: 204-945-6273
http://www.gov.mb.ca/finance/cca/rtb/

Province of Manitoba:
Tel.: 204-945-3744
Fax: 204-945-4261
Toll Free in Manitoba: 1-866-MANITOBA (1-866-626-4862)
Telecommunications Device for the Deaf: 204-945-4796

Related Links

The Residential Tenancies Act
http://web2.gov.mb.ca/laws/statutes/ccsm/r119e.php
(See residential tenancy contact, above.)

Residential Tenancies Branch
The main page provides a basic overview of the branch, their contact information and the services they provide.
http://www.gov.mb.ca/finance/cca/rtb/
(See residential tenancy contact, above.)

FAQs
This FAQ page answers a handful of the most common questions, but is not nearly as in-depth as FAQs found on many other provincial sites.
http://www.gov.mb.ca/finance/cca/rtb/faqs.html

Residential Tenancies Guidebook
This extensive guide is an excellent resource. Unfortunately, the layperson may find it difficult to pull the information they need out of the formal structure that was used; the information comes across in a very technical manner.
http://www.gov.mb.ca/finance/cca/rtb/gbook/toc.html

Forms
PDF versions of four commonly used forms.
http://www.gov.mb.ca/finance/cca/rtb/download.html

Security Deposit Interest Calculation
This online tool lets users input the original deposit date, the deposit return date and the deposit amount to calculate the interest owing.
http://www.gov.mb.ca/cgi-bin/cca/interest.pl

Life Lease Rental Housing
A life lease is "... a form of rental housing which is usually aimed at tenants who are 55+." This section provides information about life leases and the Life Lease Act.
http://www.gov.mb.ca/finance/cca/rtb/lifelease/index.html

Rent Status Reports
Downloadable forms (Word document and PDF formats are available) that can be submitted to find out if there have been any rent increase discrepancies.
http://www.gov.mb.ca/finance/cca/rtb/rsr.html

Orders System
Information on this subscription-based system that lists final Orders of various types issued from 1998 onward, which were issued to both landlords and tenants by the Residential Tenancies Branch and Commission.
http://www.gov.mb.ca/finance/cca/rtb/rtos/index.html

Consumer Guide: Housing
This guide contains general information on housing.
http://www.consumermanitoba.ca/guide/chapter_5_CAC.pdf

Resource Assistance for Youth: Housing
Offers assistance to youth looking for shelter and helps with any landlord/tenant disputes.
http://www.rayinc.ca/housing.html