What types of rental accommodations are covered by Manitoba legislation governing residential tenancies?
Permanent residential premises are governed by the provincial Residential Tenancies Act and the Regulations.
What types of rental accommodations are NOT covered by this legislation?
* Co-ops
* Universities and colleges
* Travel and vacation rental accommodations
* Temporary shelters
* Religious groups accommodation
* Jails
* Adjoined staff accommodation in an agricultural venture
What types of rental periods are provided for in the legislation?
A lease can be (i) a periodic lease where the rental period can be by the week, month or year, (ii) a month-to-month lease, or (iii) a fixed term lease for a specific period of time (e.g. 1 year, 5 years, etc). 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 does not offer a renewal and the tenant stays in the premises, the agreement automatically renews for another fixed term of the same length, however, this can only happen once. If the landlord does not offer a renewal before the end of the second term, the tenancy becomes month-to-month.
Is it necessary to have a written lease?
No, a signed lease is not required. However, if the agreement is in writing both the tenant and landlord must sign it and the landlord must provide the tenant with a signed copy within 21 days of the tenant signing it.
A signed move-in / move-out checklist is only required if requested by either the landlord or the tenant.
Can the landlord charge a deposit?
Yes, the landlord is allowed to charge a security deposit of no more than one-half of the first month’s rent, however, requiring a tenant to pay a key deposit is not allowed. 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, at the interest rate set by the government.
What about post-dated cheques?
The landlord is at liberty to ask a tenant to provide post-dated cheques, but the tenant is not obliged to comply.
When is the landlord allowed to increase the rent?
Rent increase guidelines are set by the province and they take effect on January 1 of each year. If a landlord can show that the allowable increase will not cover their operating costs, they can apply to the Residential Tenancies Branch to increase the rent beyond the allowable guidelines. A tenant may send an objection to any rent increase to the Residential Tenancies Branch, at least two months before the effective date of the increase. Landlords must provide at least 3 months written notice before a rent increase takes effect. Rent can only be increased once in a 12-month period.
When is rent considered late?
On the 4th day after it is due. For instance, if the rent is due on the 1st of the month, the grace period is 3 days following the due date (the 2nd to the 4th), and the rent is considered late on the 5th. A landlord may charge $5 for the first day late and $1 per day for each day thereafter, to a maximum of $65.
How can a lease be terminated?
Tenants cannot give notice during a fixed term lease - only at the end of the fixed term. A landlord may only terminate a tenancy for specified reasons as set out in the Act 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 the tenant to sign another lease or agree to another fixed term.
Periodic tenancies can be terminated by giving notice of one full rental payment period (e.g. a week-to-week tenancies requires a full week’s notice). Tenants on fixed-term agreements would normally be required to assign the agreement to another tenant if they want to move before the end of the fixed term.
Unless the landlord has a valid reason to end the tenancy, the landlord must give the tenant a new tenancy agreement at least 3 months before the expiry date of the current agreement. The tenant must return a signed copy of the renewal agreement to the landlord at least 2 months before the current agreement ends, otherwise the tenancy ends on the date that the current agreement ends.
Can a tenant assign a lease or sublet the premises?
A tenant can assign a tenancy agreement or sublet the premises only if the landlord consents in writing. The landlord must have a good reason to reject an assignment or sublet. The landlord can charge the original tenant a one-time administrative fee of up to $40.00 to offset the landlord’s costs to process the paperwork with respect to the assignment or sublet.
When is the landlord permitted to enter the premises?
The landlord must provide between 24 hours and 2 weeks written notice prior to entering the premises. Entry is to be during "reasonable" hours (generally considered to be between 9 a.m. and 8 p.m.). If a Notice to Quit has been given to the tenant, the landlord may enter without notice to show the premises to potential tenants.
How can a landlord evict a tenant?
A landlord must apply to the Residential Tenancies Branch to evict a tenant. A hearing will be held and evidence is provided. If an Order for Possession is granted, the order is enforceable in the Sheriff’s Office. If the tenant disagrees with the hearing outcome, the tenant may appeal to the Commission for a new hearing. The waiting period for a hearing is usually 2-3 weeks, and decisions are handed down within 2 days following the hearing. The appeal period is 7 days.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
[close]
