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A tenant must pay the full rent on the day it’s
due.
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If a tenant doesn’t pay their rent, a landlord is
entitled to give notice on the fifth day of a rental payment period.
For example: The rent is due on May 1st. The tenant doesn’t pay the
rent. On May 5th, the landlord can give the tenant notice. Or, the
rent is due on May 15th. The tenant doesn’t pay. On May 19th, the
landlord can give the tenant notice.
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When a landlord gives a notice for non-payment, they can decide
how much time they will give the tenant to move. The Act does not
set any guidelines on how much time the landlord must give. A
landlord may want to consider giving a tenant a reasonable amount of
time to pack and move. (See Sample #1 at the end of this
subsection.) A landlord’s
notice of termination for
non-payment of rent must include all of the following information:
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the address of the rental unit that the notice applies to;
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the reason for giving notice;
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the amount of unpaid rent;
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the date the tenant is to move out;
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a statement that the tenant is entitled to disagree with or
dispute the landlord’s right to give notice; and
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a statement that if the tenant pays the rent, they don’t have
to move unless the landlord states in writing that they still
expect the tenant to go.
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If a landlord’s notice is missing any of the
above information, the Branch may not consider it valid and
enforceable.
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When giving a tenant notice, a landlord must
deliver the notice to the
tenant in person. The landlord can also hand it to an adult at the rental unit. If
there is more than one tenant, the landlord must put all the names
on the notice. However, generally the landlord doesn’t need to give
each tenant their own copy of the notice. If the landlord has
difficulty serving the notice to any party, they can contact the
Branch for permission to serve the notice in some other way.
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A landlord can give notice to move for
non-payment of rent during the winter or during the school year.
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A landlord can’t give a tenant a notice to move
for non-payment of late fees only. A landlord may file a claim for
compensation for unpaid fees.
<><><><> After the landlord gives the notice, the tenant
may offer to pay the rent. If the tenant offers to pay, the landlord
can:
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take the rent and allow the tenant to stay in
the rental unit; or
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take the rent and tell the tenant immediately, in writing, that
the landlord still considers the tenancy to be terminated and that
the tenant still has to move because they’ve been habitually late
paying their rent. (see Sample #2 at the end of this
subsection). The landlord must give the tenant the written
confirmation as soon as practical. If the branch needs to
determine if a landlord acted reasonably, it will consider such
factors as where, when and how the tenant paid the rent. To
enforce this notice, the landlord must be able to show that the
tenant was late with their rent at least three times during the
previous year or current tenancy agreement.
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If the tenant doesn’t pay the rent or move out of
the rental unit by the date in the notice, the landlord can apply
for an Order of Possession.
If the tenant pays the rent after receiving
notice, but doesn’t pay the late fees, the landlord may not be
entitled to an Order of Possession, unless the tenant has been
habitually late paying the rent. The landlord can file a claim for
the unpaid late fees or claim them against the security deposit at
the end of the tenancy.
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When a tenancy is ending, the Branch encourages a landlord and
tenant to discuss move-out arrangements ahead of time. For
example: booking an elevator, if necessary; or setting up an
appointment to complete a rental unit condition report. A tenant
doesn’t have the right to stay in a rental unit beyond the last day
of a notice period. If a tenant needs to stay in a rental unit until
the first day of the next rental payment period, they must make
special arrangements with the landlord.
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If a tenant doesn’t move after receiving a notice
of termination, a landlord may apply to the Branch for an Order of
Possession and file a claim for money that the tenant owes. A
landlord can’t change the locks on a rental unit to force a tenant
out. If a landlord locks a tenant out, the tenant may ask the Branch
for help. The Branch will try to solve the problem through
mediation. If mediation is not successful, the Branch may order the
landlord to let the tenant back into the rental unit. If
the landlord doesn’t comply with the Order, the Branch may authorize
the tenant to hire a locksmith and deduct the cost from their rent.
The Branch may also ask Manitoba Justice to consider prosecution for
breach of an Order.<><><><>
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