How can a lease be terminated in the Province of Manitoba?

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.

How can a landlord evict a tenant under Manitoba law?

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.