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Assignment Of Rents And Leases Manitoba

Governing or Regulatory Body

Residential Tenancies Branch — Department of Tourism, Culture, Sport and Consumer Protection

Name of Act / Regulations

  • Residential Tenancies Act
  • Residential Tenancies Regulation
  • Residential Rent Regulation
  • Residential Tenancies Interest Regulation
  • Residential Tenancies Costs Regulation

Types of Housing/Living Arrangements Covered by the Provincial Legislation

Permanent residential premises

Exclusions: Hotels that are occupied on a temporary basis; seasonal homes; co-ops; temporary shelter; universities and colleges; accommodations for religious groups; adjoined staff accommodation in an agricultural venture.

Types of Rental Periods

The tenancy agreement can be periodic, including month-to-month or fixed-term, such as a full year long lease.

Is a signed lease required?

No, but if the rental agreement is put in writing, the tenant and landlord are both required to sign it and the landlord has to give the tenant a copy of the lease within 21 days of the tenant signing it. If a landlord requests a tenant to get a guarantor, the tenancy agreement must be put in writing. Tenancy agreements that include tenant services must also be put in writing. Tenants who have no received a copy of the rental agreement have the right to contact the Residential Tenancies Branch, who will direct the landlord to give the tenant a copy of the agreement as soon as possible.

Is a signed move in/move out inspection report required?

No, except in the event that the landlord or tenant ask for one to be created. Even though it is not required by law, it is still a good idea for a landlord and tenant to go through the property and complete a full condition report together when the tenant moves in and when they move out. The Residential Tenancies Branch provides tenants and landlords with copies of the Rental Unit Condition Report form at no charge, though another checklist can be used for the same purpose.

Deposits

Security Deposit A landlord is not allowed to request more than ½ of the first month’s rent from a tenant. The security deposit is held by the landlord until the tenancy comes to an end.

Pet Damage Deposit A landlord who allows a tenant to keep a pet in the rental unit can charge the tenant a pet damage deposit that is equivalent to ½ month’s rent. This deposit is held by the landlord until the end of the tenancy. Starting March 1, 2013, a tenant services charge can be increased if the number of people living in the unit increases at any time. If the landlord increases this fee, the tenant may be required to pay more towards the tenant services security deposit.

Tenant Services Security Deposit A landlord who provided tenants with certain services ask request that a tenant pay a security deposit for them. Tenant services security deposits are not allowed to exceed more than ½ month’s rent. This deposit is held by the landlord until the end of the tenancy.

If the landlord finds that there are no valid reasons to withhold the tenant’s deposit(s) as well as the accrued interest, it must be given back to the tenant with a period of not more than 14 days after the end of the tenancy. If a claim is made against the deposit, the landlord must notify the tenant of the claim within 28 days. The government sets the interest rate that the deposit accrues during the period of the tenancy.

A landlord is legally obligated to forward deposits or rent overpayment to the Branch if they cannot return them directly to the tenant for whatever reason. Tenants may then apply to the province for the money they are owed.

Key Money

Requiring key money is against the law. A landlord cannot require a tenant to pay key money under any circumstances.

Post-dated Cheques

Landlords can ask tenants for post-dated cheques, but tenants are not required to provide them.

Renewal of a Lease

If it is a fixed-term tenancy, the landlord is required to provide the tenant with a renewal of the agreement three months before the term comes to an end. If the landlord does not offer a renewal and the tenant chooses to stay in the unit, the agreement will automatically renew for another fixed-term period.

When an agreement is automatically renewed because a landlord fails to offer a renewal on the lease, the tenant has the right to invalidate the renewal agreement by providing the landlord with notice of one rental payment period.

A tenancy may become month-to-month if the tenant:

  • Fails to sign and return a new tenancy agreement or a renewal to the landlord
  • Does not move out of the unit; and
  • Pays rent, which the landlord takes, after the current tenancy agreement comes to an end

When a fixed-term tenancy turns into a month-to-month tenancy under the above-mentioned circumstances, the landlord is not able to force a tenant to sign another lease or make them agree to another fixed-term. When a lease is renewed, unless agreed to by landlord and tenant, all other conditions of the rental agreement stay the same except for a rent increase.

Terminating a Tenancy (Lease): Notice and Timing

When a landlord offers a tenant a renewal of a fixed-term tenancy, the tenant must sign the renewal and give it back to the landlord at least 2 months before the term is set to end. If the tenant does not do this, the tenancy is considered to be terminated effective the end of the term. Tenants cannot give notice to move during a fixed-term lease, but they can assign or sublet their tenancy agreement to someone else who is approved by the landlord. A landlord can only legally terminate a tenancy for specific and valid reasons that are laid out in the local legislation and cannot do so simply because the tenancy term has expired.

The amount of notice that a tenant is required to give to end a rental agreement depends on whether the agreement is structured as month-to-month or a fixed term. Periodic tenancies demand that there be notice of one full rental payment period to end the tenancy. Tenants on fixed-term agreement are usually required to assign their agreement to someone else if they want to move before the rental agreement has expired. There are some exceptions to this. Please call the Branch office that is closest to you for more information on this subject.

The amount of notice that a landlord has to give a tenant depends on the reason for giving the notice initially, as well as whether the agreement includes a periodic or fixed-term. Landlords must use the prescribed form laid out by the Residential Tenancies Regulation for all Notices of Terminations.

Assignments and Sublets

Tenants have a legal right to assign or sublet their fixed-term tenancy agreement. The landlord has the right to accept the application of the new tenant before it is finalized. Landlords are required to have a valid reason to deny an assignment or sublet request. A landlord can charge the original tenant a one-time administrative fee of up to $75 for assignment or sublet as compensation for the landlord’s expenses related to processing the transaction.

Rent Increases: Notice and Timing

There is an official guideline set for rent increases each year by the province and takes effect on January 1st. Landlords are able to apply to the Residential Tenancies Branch for a larger increase if they are able to prove that the amount stated in the guideline will not cover the cost increases they have incurred. A landlord pays a fee to apply for an above guideline increase. This fee is $150.00 if there are a total of 19 or less units in a complex and $500.00 for complexes that have 20 or more units in them. Rents can be increased just once every 12 months.

A landlord is required to provide a tenant with written notice of a rent increase on a prescribed form at least three months prior to when the increase is set to take effect. The landlord also has to provide the Branch with a copy of the notice. The Brnach provides the forms or the landlord can complete it on the website, print a copy out for the tenant and submit all of the information to the Branch via email or the website. A tenant may object to a rent increase and send in their objection to the Residential Tenancies Branch at least two months prior to when the increase is set to go into effect.

Late Rent Payments

A landlord has the right to charge a fee if a tenant does not pay their rent on time. This fee cannot exceed $10.00 for the first day the right is late plus an additional $2 for each day thereafter for a maximum amount of $100 for each rental payment month. The landlord is required to tell the tenant in writing if they intend to charge late fees.

Evictions

When a landlord wants to terminate a tenancy, they are required to provide the tenant with written notice on the appropriate form. This notice has to state why the tenant is being told to move, when the tenant has to be out by and it has to also be signed by the landlord. If a tenant refuses to move after receiving the notice, the landlords can apply to The Residential Tenancies Branch for an Order of Possession. The landlord has to pay a filing fee of $60.00 for this. There is a hearing held, which is when evidence must be introduced, including the Termination Notice. If an Order of Possession is granted, the order can be enforced by the Sheriff’s office. If the tenant or landlord disagrees with the result of the hearing, they can appeal to the Residential Tenancies Commission and a new hearing date will be set.

Fine Points

Landlord Entry

Landlords are required to provide tenants with at least 24 hours and not more than 2 weeks written notice before they enter their rental property. The Residential Tenancies Branch has set entry hours for landlords between 9 a.m. and 8 p.m. as a reasonable, however, specific items are not included in official legislation. The notice that the landlord gives to the tenant has to state when they plan on entering the premises and the reason for it.

A landlord can enter the rental unit without prior notification in the event of an emergency, but only if the tenant gives the landlord permission to do so. The landlord can also enter the premises without permission if they have given the tenant a notice of termination and need to show the unit to a prospective renter, or if it is the last day of the tenancy and the landlord needs to do a condition report for the unit.

In tenancies that feature tenant services, a landlord is able to enter a unit to provide these services (housekeeping, for example) without giving prior notification. If a landlord has to enter for other reasons, such as a yearly inspection, they will have to follow the proper procedure.

May the tenant withhold rent for repairs?

No. A tenant is required to give the landlord a written list of the repairs that are needed as well as a reasonable period of time to complete all of the work. In the event that the landlord fails to do the repairs, the tenant can reach out to the Branch for help. The Branch may order the landlord to do the necessary repairs. If the landlord fails to comply with this order, the Branch may then collect rent and hire a contractor to do the work that is needed.

If a landlord causes an unreasonable delay in getting the repairs done, the tenant can make a claim to get compensation from the landlord. In order to get their claim approved, the tenant must show that they took the proper steps to notify the landlord of the necessary repairs.

Changing Locks

A tenant is not legally allowed to change the locks on the rental unit without getting prior approval from the landlord. For the tenant’s own protection though, the approval should be in writing. If the landlord requests the tenant for a key, the tenant is required to give them one.

Pets and Smoking

Is a landlord allowed to refuse to rent to a tenant who has pets?

Yes, a landlord is legally allowed to refuse prospective renters if they plan on bringing pets with them. In cases where new management takes over a building and wishes to impose a no pets rule, existing tenants who have pets would be allowed to keep theirs but not replace them.

Can a landlord include a no-smoking clause in the lease?

Yes.

If there is a no pets and no smoking clause written in the lease and the landlord finds out that the tenant has a pet and/or is smoking in the unit, can the landlord legally evict the tenant?

A landlord has every right to evict a tenant who knowingly violated a no pets policy, but first the landlord must give the tenant a written warning. If the tenant fails to remove the pet, the landlord can give the tenant a breach of tenancy agreement notification. If a pet causes damage to the property or disturbs other tenants, the landlord can also give the tenant a warning followed by a notice to move.

When it comes to smoking, the landlord can give the tenant a warning followed by a notice of termination if they do not stop. The tenant can, however, challenge the landlord’s notice and request the Branch to determine whether or not the landlord’s ruling was reasonable and valid.

Smoking in common areas is against the law, and includes areas like elevators, hallways, recreational facilities and laundry rooms. If a tenant smoked in any of the previously mentioned areas, the landlord has the right to give the tenant a warning followed by a notice for breach of a reasonable rule.



Contact Information

For general information about renting in Manitoba contact:

Manitoba Healthy Living, Seniors and Consumer Affairs
Residential Tenancies Branch
302 – 254 Edmonton Street
Winnipeg, Manitoba
R3C 3Y4
Toll-free: 1-800-782-8403 (within Manitoba)
Tel.: 204-945-2476
Fax: 204-945-6273
Email: rtb@gov.mb.ca
http://www.manitoba.ca/rtb (See website for other locations within Manitoba)

Manitoba Government Inquiry:
Tel.: 204-945-3744
Fax: 204-945-4261
Toll Free: 1-866-MANITOBA (1-866-626-4862)
Telecommunications Device for the Deaf: 204-945-4796
Email: mgi@gov.mb.ca



Related Links

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

The Life Leases Act
http://web2.gov.mb.ca/laws/statutes/ccsm/l130e.php

The Residential Tenancies Regulation
http://web2.gov.mb.ca/laws/regs/pdf/r119-071.10.pdf

The Residential Tenancies Rent Regulation
http://web2.gov.mb.ca/laws/regs/pdf/r119-156.92.pdf

The Residential Tenancies Costs Regulation
http://web2.gov.mb.ca/laws/regs/pdf/r119-149.06.pdf

The Residential Tenancies Interest Regulation
http://web2.gov.mb.ca/laws/regs/pdf/r119-073.10.pdf

Residential Tenancies Branch
The main page provides a basic overview of the branch, their contact information, the services they provide, and links to several forms, documents and services.
http://www.manitoba.ca/rtb
(See residential tenancy contact, above.)

FAQs
Answers to frequently asked questions for both tenants and landlords.
http://www.gov.mb.ca/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/fs/cca/rtb/gbook/preintro.html

Forms
PDF versions of commonly used forms.
http://www.gov.mb.ca/fs/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/fs/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/fs/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/cca/rtb/rtos/

Resource List
Residential Tenancies Branch Fact Sheets can be found here that will answer many questions that tenants may have.
http://www.gov.mb.ca/cca/rtb/resource.html

Provincial Services, Manitoba Family Services and Labour
This website of the provincial government links renters to the forms needed to apply for RentAid benefits.
http://www.gov.mb.ca/jec/eia/RentAid/index.html

Seniors' Guide
The Seniors' Guide is a comprehensive guide to services in Manitoba for older adults. It is published by the Manitoba Government each year.
http://www.gov.mb.ca/shas/publications/docs/seniors_guide.pdf

Independent Advisor Office
The independent tenant advisor offers assistance to qualifying tenants who need help going through the hearing process at the Residential Tenancies Branch. This program is available in Winnipeg and is also available to smaller, independent landlords needing help.
http://www.gov.mb.ca/cca/rtb/advisor/lantenadvisor.html

 

These forms are available in fill and print format. To download a form, click on the link. To fill it out, tab from one grey area to the next and fill in the information required.

The Notice of Rent Increase, The Notice to New Tenant, and the Application for Rent Increase Above Amount Permitted by Regulation Form (AFRI) are also available under Electronic Forms Submission. You can fill them out online and send them to the Branch electronically. Click here to view the eforms


Entering into a Tenancy:


Standard Residential Tenancy Agreement (Form 1)
(Updated – effective August 1, 2014)
Landlords must use this form, or a form of their own that contains all of the prescribed information, at the beginning of a tenancy.

Standard Residential Tenancy Agreement (For tenancies that include tenant services)
(Form 1.1)

(Updated – effective August 1, 2014)
Landlords must use this form, or a form of their own that contains all of the prescribed information, at the beginning of a tenancy that provides tenant services.

Standard Residential Tenancy Agreement (Mobile Homes and Sites) (Form 2)
(Updated – effective August 1, 2014)
Landlords must use this form, or a form of their own that contains all of the prescribed information, at the beginning of a tenancy.

Assignment or Subletting of Tenancy Agreement (Form 3)
Landlords should use this form when allowing a tenant to sublet or assign their tenancy. A copy of the current tenancy agreement should be attached to this form.

Rental Unit Condition Report (Form 5) (legal size)
Landlords and tenants can use this form to record the condition of a rental unit at the time of move-in and at the time of move-out.

Notice to New Tenant (Form 2)
(Updated - effective March 1, 2013)
Landlords must provide all new tenants with a completed Notice to New Tenant form when the tenancy begins. Landlords are required to send a copy of this form to the Residential Tenancies Branch (the Branch).

Notice to New Tenant - Where Tenant Services are Provided (Form 14)
Landlords must provide all new tenants with a completed Notice to New Tenant – Where Tenant Services are Provided form when the tenancy begins.


Rent Increases:


Notice of Rent Increase (Form 1A)
(New- effective March 1, 2013)
A landlord must use this form, or a form of their own that contains all of the prescribed information, to notify tenants of rent increases.

Notice of Rent Increase for Life Lease Rental Unit Owned by Non-Profit Landlord (Form 1B) (legal size)
(Updated- effective March 1, 2013)
A landlord must use this form, or a form of their own that contains all of the prescribed information, to notify tenants of rent increases.

Application for Rent Increase Above Amount Permitted by Regulation (Form 3) (legal size) (Updated - effective October 1, 2015)
A landlord must use this form to apply for a rent increase above the amount permitted by the annual rent increase guideline. For a guide on how to complete this form, click here.

Application for Increase in Charge for Laundry Facilities (Form 4)
(Updated- effective March 1, 2013)
A landlord must use this form when applying to increase the charges for laundry.

Application to Fix Value of Reduction/Withdrawal of Service (Form 9)
(New- effective March 1, 2013)
A landlord must use this form if they are applying to the Branch to set the value on a service they are reducing or withdrawing (for example, the landlord is no longer providing basic cable).

Application to Fix Value of Reduction or Withdrawal of Tenant Services Before End of Fixed-Term Tenancy Agreement (Form 17)(Updated- effective March 1, 2013)
A landlord must use this form if they are applying to the Branch to set the value on a tenant service they are reducing or withdrawing (for example, the landlord is no longer providing transportation services).

 Notice to Tenant – Reduction/Withdrawal of Service (Form 8)
(New- effective March 1, 2013)
A landlord must use this form to notify a tenant if a service that was included in the rent is being reduced or withdrawn (for example, tenant had basic cable included and the landlord is withdrawing that service)

.Notice to Tenant – Reduction or Withdrawal of Tenant Services (Form 16)
A landlord must use this form to notify a tenant if the landlord is withdrawing or reducing a tenant service (for example, transportation is provided and the landlord is withdrawing that service).

Application to Fix Value of Improvement Requested by Tenant (Form 7) (legal size)
A landlord should use this form if a tenant has asked for an improvement (for example, air conditioning) to their unit. The landlord must send this application to the Branch.

Application for Approval of Rehabilitation Scheme for All or Part of a Residential Complex   (Form 5A) (New- effective January 1, 2015)
A landlord must complete this form and provide all required information if they are applying for a rehabilitation scheme.

Application for Approval of Rehabilitation Scheme for Specified Unit (Form 5B) (legal size)
(New- effective October 1, 2015)
A landlord must complete this form and provide all required information if they are applying for a rehabilitation scheme for a specified unit.

Notice to Tenant – Rehabilitation Scheme for All or Part of a Residential Complex (Form 6)
A landlord must complete this form and provide it to all tenants affected by a rehabilitation scheme.

Notice of Tenant Services Charge Increase (Form 15)
A landlord must use this form, or a form of their own that contains all of the prescribed information, to notify tenants of tenant services charge increases.


Ending a Tenancy:


Habitually Late Letter
This letter can be given to tenants who have received a notice of termination for non-payment of rent. If, after receiving the notice of termination, a tenant wants to pay the late rent, a landlord may give a tenant who has been late three or more times in a 12-month period, the habitually late letter. This letter lets the tenant know that the landlord is accepting the rent, but still ending the tenancy because they have been late three or more times in the last 12 month period.

Notice of Termination by Tenant (Form 7)
Tenants are encouraged to use this form if they are ending their tenancy.

Certificate from Canadian Forces Official

Notice of Termination by Landlord for Non-Payment of Rent (for all residential tenancies, other than tenancies respecting a mobile home, mobile home site or both (Form 8)
A landlord must use this form if they are ending a tenancy for non-payment of rent. This form can be given if the tenant has failed to pay the rent within three days of it being due.

Notice of Termination by Landlord for Non-Payment of Rent or Tenant Services Charge (for residential tenancies that include tenant services (Form 8.1)
A landlord must use this form if they are ending a tenancy for non-payment of rent or tenant services charges. This form can be given if the tenant has failed to pay the tenant services charge within three days of it being due.

Notice of Termination for Non-Payment (for tenancies of a mobile home, mobile home site or both) (Form 9)
A landlord must use this form if they are ending a tenancy for non-payment of rent, mobile home taxes or license fee. This form can be given if the tenant has failed to pay within three days of the payment being due.

Notice of Termination by Landlord (for cause other than non-payment of rent (Form 10)
(Updated – effective August 1, 2014)
A landlord must use this form if they are terminating a tenancy for certain reasons (for example, duty not to disturb others, obligation to pay a pet damage deposit or security deposit).

Notice of Termination by Landlord (Purchaser or landlord intends to move into rental unit) (Form 11A) (New- effective March 1, 2013)
A landlord must use this form if they are terminating a tenancy because they intend to move into the unit.

Notice of Termination by Landlord (For demolition or conversion) (Form 11B)
(New- effective March 1, 2013)
A landlord must use this form if they are terminating a tenancy because they intend to demolish the unit.

Notice of Termination by Landlord (For extensive renovations) (Form 11C)
(New- effective March 1, 2013)
A landlord must use this form if they are terminating a tenancy because they intend to renovate the unit.

Order of Possession Package


Claim for Money


Landlord Claim Package

Tenant Claim Package

Deposit Information Sheet

Landlord's Claim for Deposit or Less


Tenant's Request for Repairs Form:


Other:

Assignment or Subletting of Tenancy Agreement (Form 3)
Landlords should use this form when allowing a tenant to sublet or assign their tenancy. A copy of the current tenancy agreement should be attached to this form.

Renewal of Tenancy Agreement (Form 4)
Landlords must use this form, or a form of their own that contains all of the prescribed information, when renewing a tenancy for a fixed term.

Notice to Tenant - Change of Landlord (Form 6)
A landlord must use this form to advise their tenants of a change in landlord.

Inventory of Tenant’s Abandoned Property (Form 12)
A landlord must fill out this form if a tenant has left property behind.

Accounting of Sale of Abandoned Property (Form 13)
A landlord must fill out this form and submit it to the Branch if the property left behind was valuable and the landlord disposed of it by auction.

Request to Correct or Amend an Order
If a landlord or tenant want to request a correction or a change to an order issued by the Branch, they need to use this form.

Application for Substitutional Services
(Updated- effective October 1, 2013)
This form is for landlords or tenants who have not been able to serve the other party notice of a claim, order of possession or notice of termination and who want permission to try a different method of service.

Application for a Rent Status Report on a Residential Complex
Rent Status Report Authorization

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Online Forms

Highly flexible and secure online forms may be filled out, printed and saved by the landlord. They feature automatic calculations that make them easier to use. To learn how we use the information you provide, please read our PRIVACY STATEMENT.

NOTE:
You must have the Adobe Acrobat Reader 10 or higher and Internet Explorer installed on your computer before you can read, save or print these forms. To download and install a free copy of the reader, click here:

Complete the form online, submit the unsigned copy to the Branch and save a copy for your records.  Then print off a copy for your tenant. Remember to sign the tenant's copy before you give it to them. If you have any questions about completing the form, call the Branch at 204-945-2476 or 1-800-782-8403.

Notice of Rent Increase

Use this form to apply for or report rent increases under The Residential Tenancies Act and the Residential Rent Regulation.

Click here to get your form

 

Notice to New Tenant

Use this form for reporting rent information to new tenants under The Residential Tenancies Act and the Residential Rent Regulation.

Click here to get your form

 

 

Application for Rent Increase Above Amount Permitted by Regulation Form

Use this form if you are applying for a rent increase above the amount permitted under The Residential Tenancies Act and the Residential Rent Regulation. The RTB will process this form on receipt of applicable fees. Be sure to add the address of the residential complex and your reference number to your cheque.

Click here to get your form

 

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Privacy Statement


Personal information on these forms is necessary for the administration of The Residential Tenancies Act. This information is protected by the privacy provisions of The Freedom of Information and Protection of Privacy Act (‘FIPPA’). It may be used and disclosed only in accordance with FIPPA. If you have questions about collection and use of this information, contact the:

Director, Residential Tenancies Branch
1700-155 Carlton Street
Winnipeg, MB R3C 3H8
Phone:  204-945-2476
Fax: 204-945-6273
Toll-free in Manitoba 1-800-782-8403
E-mail: rtb@gov.mb.ca

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