Manitoba (MB) eviction guide
Quick answer
In Manitoba, a landlord can serve Form 8 (Notice of Termination) once rent is at least 3 days late, then apply to the Residential Tenancies Branch (RTB) for an Order of Possession with a $60 filing fee. If the tenant still does not leave, the Order of Possession is enforced through the Court of King's Bench. Self-help eviction is illegal.
| Legal grounds | Non-payment of rent, breach of tenancy agreement, damage, illegal acts, or failure to vacate at end of tenancy |
|---|---|
| Minimum notice | 5th day of the rental period for non-payment (landlord may issue notice if rent unpaid by the 5th day); reasonable notice for other breaches |
| Where to file | Residential Tenancies Branch (RTB) |
| Filing fee | $60 (Order of Possession application) |
| Typical timeframe | 6 to 12 weeks from notice to Order of Possession hearing |
The notice must state the tenant's name, rental address, amount owing, move-out date, and the tenant's right to dispute; the tenant can remain if they pay in full and the landlord has not stated otherwise in writing.
Used for breaches such as damage or disturbance; specifies the breach and the required remedy or move-out date.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Issue Form 8 Notice of Termination to the tenant | From the 5th day of the rental period if rent is unpaid | Deliver the completed Form 8 in person to the tenant or an adult at the unit; the notice must include the amount owing and the termination date. |
| 2. Wait for the tenant to vacate or pay | Until the termination date on the notice | If the tenant pays the full amount before or on the termination date and the landlord has not reserved the right to terminate in writing, the tenancy continues. |
| 3. File an application for Order of Possession with the RTB | After the termination date if tenant remains | Submit the completed application form and pay the $60 filing fee to the RTB; the Branch schedules a hearing and returns the application to the landlord for service on the tenant. |
| 4. Attend the RTB hearing | Typically 4 to 8 weeks after filing | A hearing officer reviews the evidence from both parties and determines whether an Order of Possession should be issued. |
| 5. Enforce the Order of Possession through the Court of King's Bench | If tenant does not comply with the order | File the RTB Order of Possession in the Court of King's Bench, which authorizes court enforcement officers to carry out the physical eviction. |
The RTB Order of Possession application fee is $60. If enforcement is required through the Court of King's Bench, separate court filing fees and enforcement officer fees apply.
After the RTB issues an Order of Possession, the landlord must file it in the Court of King's Bench if the tenant refuses to vacate; court enforcement officers then carry out the physical eviction. Self-help eviction including changing locks, removing belongings, or cutting utilities is illegal under The Residential Tenancies Act and can expose the landlord to an order requiring compensation to the tenant.
General information, not legal advice. Governing statute: The Residential Tenancies Act, C.C.S.M. c. R119. Self-help eviction is illegal everywhere; always follow the court process.
Manitoba eviction FAQ
A landlord may issue Form 8 from the 5th day of the rental period if rent remains unpaid; for example, if rent is due on the 1st, notice can be given starting on the 5th.
The filing fee is $60, submitted with the completed application to the Residential Tenancies Branch.
Yes, if the tenant pays all arrears before the termination date and the landlord has not stated in writing that payment will not prevent termination, the tenancy continues.
If the tenant does not comply with the RTB's Order of Possession, the landlord files the order in the Court of King's Bench and court enforcement officers carry out the physical eviction.
From notice to an RTB Order of Possession typically takes 6 to 12 weeks; additional time is needed if court enforcement is required.
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