Bill 40

The Manitoba Legislature has approved Bill 40 - The Residential Tenancies Amendment Act, however the provisions are not currently in effect. The date for coming into force will be announced at a later date. The current provisions in the Act remain in force.

When the amendments come into force, these are some of the changes landlords and tenants will see:

  • Landlords who allow pets in their buildings will be able to collect a full month’s rent as a pet damage deposit. Existing tenants who have paid a pet damage deposit cannot be asked to pay more.
  • Landlords will be able to terminate a tenancy if a tenant engages in unlawful activity that:
    •  causes damage to a rental unit or the residential complex, or
    • interferes with the enjoyment of a rental unit or the complex, or
    • affects the security, safety, health or well-being of others in the complex.
  • Note: The branch will be able to issue an order of possession for unlawful activity even if the tenant has not been convicted of an offence.

  • If a landlord carries out renovations in a way that maximizes inconvenience to a tenant and causes the tenant to move out, it may be seen as the landlord terminating the tenancy. In these cases, the landlord may be required to pay:
    • the tenant’s moving costs up to the prescribed amount
    • the greater of one month’s rent and any increase in rent the tenant is required to pay (for up to 12 month’s), and
    • the greater of one month’s tenant services charge, if any, and any increase in the tenant services change the tenant is required to pay (for up to 12 months).
  • If a person doesn’t participate in a hearing at the branch that results in an order of possession for non-payment of rent, the person will be required to get permission to appeal the order. Permission to appeal may only be granted if the person can show that:
    •  they were not reasonably able to participate in the hearing, or
    •  the order was based on false or misleading information.
  • Other orders requiring permission to appeal may be set out in the regulations. The amendments set out the procedures for applying for permission to appeal.

  • The regulation-making authority that sets the annual rent increase guideline each year is changed. The way of calculating the annual rent increase guideline will be set out in the regulations.

These changes are not in effect yet. Please check our website regularly for more information.

To view Bill 40, click here.

 

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