Manitoba

Residential Tenancies Branch

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checkmarkGeneral Frequently Asked Questions

 

What are a landlord's responsibilities?

A landlord must:

  • make sure a rental unit is reasonably safe by having proper doors and locks;
  • give a tenant a receipt when rent is paid in cash;
  • do repairs and keep the unit in good condition;
  • pay the utility bills if utilities are included in the rent;
  • investigate any complaints about a tenant disturbing other tenants; and
  • live up to any tenancy agreement and The Residential Tenancies Act.

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What are a tenant's responsibilities?

A tenant must:

  • pay their rent on time;
  • keep their place and the building clean;
  • repair any damage they or their guests cause as soon as possible;
  • make sure they and their guests do not disturb other people in the building or neighbouring property;
  • make sure they do not endanger the safety of others in the building; and
  • not engage in criminal activity in the residential complex that causes damage to the unit or the complex, interferes with the enjoyment of the rental unit by others in the complex, or negatively affects the security, safety, health or well-being of others in the complex (this includes criminal activity by someone the tenant lets into the complex); and
  • live up to any tenancy agreement and The Residential Tenancies Act.

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What is a security deposit?

A landlord may ask a tenant to pay a security deposit before they move in.
The landlord holds this money until the tenant moves out.
This deposit protects the landlord if the tenant:

  • doesn't pay the rent;
  • leaves without notice;
  • causes damage; or
  • doesn't clean up properly when they leave.

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How much money should a security deposit be?


A security deposit can't be more than one-half of the first month's rent. For example, if the rent is $400.00 per month, the security deposit can't be more than $200.00.

A landlord must give a tenant a receipt for a security deposit. The receipt must show:

  • the amount of the deposit;
  • the date it was received; and
  • the address of the rental unit.

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What is a tenancy agreement?

A tenancy agreement is sometimes called a lease. It is an agreement
between a landlord and a tenant to rent.

Some tenancy agreements are in writing, others are oral.
A written tenancy agreement will usually show:

  • how much the rent is
  • when the rent must be paid;
  • the names of the people who live in the rental unit; and
  • what's included in the rent (e.g. water, cablevision).

A written tenancy agreement will also show the term of the tenancy. It can be one year, month-to month or week-to-week.

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What can a landlord do if a tenant doesn't pay their rent on time?


When a tenant doesn't pay their rent, a landlord can give them a notice to move. The landlord can give this notice when the tenant is more than three days late paying the rent.

A notice for non-payment of rent must include:

  • the amount of rent the tenant owes;
  • the date they are to move out,
  • and a statement that says the tenant can disagree with the landlord's notice.

If the tenant doesn't move or pay the rent, the landlord can ask the Residential Tenancies Branch to order the tenant to move. This is called an Application for an Order of Possession. The landlord should call the branch for more information.

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How much notice must a tenant give?


The amount of notice needed to end a tenancy agreement depends on whether the agreement is:

  • week - to - week
  • month - to - month
  • year - to - year

If a tenant has an agreement that ends on a certain date, it's called a fixed term tenancy agreement. Fixed term tenancy agreements are usually for one year. A tenant is responsible for the rent until the agreement is over.

A tenant who does not have a fixed term agreement is on a periodic tenancy. A rental period can be week - to - week or month - to - month.

When a tenant on a periodic tenancy wants to move, they must give one full rental pay period's notice. A rental pay period usually begins on the day rent is due. It ends the day before the next rent is due. Here is an example:

A tenant rents on a month - to - month basis, from December 1 to December 31. The tenant wants to move on January 31. They must tell the landlord they are moving before December 31.

A rental payment period doesn't have to be a calendar month. For example, it could be from December 15 to January 14. In this case, the tenant must tell the landlord by January 14 that they want to move out on February 14.

Note: There are some reasons that may allow a tenant to end a fixed-term tenancy agreement early. Contact the branch for more information.

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What can a landlord do if a tenant is causing problems?

Suppose a tenant:

  • doesn't keep their unit reasonably clean;
  • damages the unit and doesn't fix the damage;
  • throws noisy parties;
  • engages in criminal activity in the residential complex
  • breaks a term of the tenancy agreement, like having a pet when there is a "no pet" rule; or
  • ignores an important house rule like "no barbecuing on the balcony."

The landlord must give the tenant a chance to correct the problem within a reasonable time. If it's not corrected, the landlord can ask the tenant to move out. The landlord must give the tenant notice of one rental payment period. A rental payment period could be one week or one month.

A landlord has the right to give a tenant a shorter notice to move if:

  • their unit is so dirty it is a health risk to other tenants;
  • a tenant risks the safety of others;
  • a tenant does a lot of damage; or
  • a tenant disturbs others in the building or nearby property.

Landlords should call the branch for more information.

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