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A landlord may:
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give a tenant a notice to move on a certain date and then
apply for an Order of Possession if the tenant doesn’t move;
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give a tenant a Notice of Termination and the Application
for an Order of Possession at the same time; or
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give a tenant notice to move on a certain date. If the
tenant says they’re not going to move, the landlord can apply
for an Order of Possession before the date in the Notice of
Termination.
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When applying for an Order of Possession, a
landlord must use the application form the Branch provides. The
Branch does not accept applications on any other forms.
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The landlord must include the following
information with the Application for an Order of Possession:
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a copy of the Notice of Termination, and
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copies of any letters asking the tenant to correct a
problem.
The landlord may also make a claim for rent
arrears, damage or other compensation.
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A landlord may apply for an Order of Possession
at the nearest Branch office. The Branch holds hearings in Winnipeg,
Brandon and Thompson as well as in other judicial centres in the
province. The Branch decides where the hearing will be held. This
decision is based on the location of the rental unit and the
addresses of the landlord and tenant. The Branch usually schedules a
hearing in the judicial centre closest to the rental unit. A
landlord may ask to have their hearing outside of the nearest
judicial centre. The Branch will accommodate a request for a
different location if it appears fair to both the landlord and the
tenant.
When a landlord applies for an Order of
Possession, they must pay the Branch a non-refundable
filing fee.
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The Branch may issue an Order of Possession if a
tenant fails to meet their obligations under the Act or their
tenancy agreement. Following are some common breaches:
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failure to maintain the rental unit in a clean condition;
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failure to repair any damage they or their guests caused to
the unit or complex;
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endangering the safety of others in the residential complex
or the landlord;
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disturbance of others;
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failure to comply with reasonable terms and conditions of a
tenancy agreement;
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giving false or fraudulent information on their tenancy
application; or,
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failure to move out after giving the landlord notice.
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The Branch will not grant an Order of Possession
if a landlord’s notice of termination is not valid.
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The Branch makes decisions on applications for
Orders of Possession at a hearing. After the hearing, the Branch may
issue two Orders. The Order of Possession orders the tenant to move
out of the rental unit by a specific date. The tenant has seven
days to appeal the Order of Possession to the Residential
Tenancies Commission. If the landlord claimed compensation, the
other Order orders the tenant to pay the landlord compensation for
rent arrears or damage. The tenant has 14 days to appeal the
Order.
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If the Branch grants an Order of Possession, it
usually orders the tenant to move on or before a date seven days
after the date it issues the Order of Possession. For example:
The Branch issues an Order of Possession on March 20. It orders the
tenant to move on or before March 27. A hearing officer has the
discretion to allow more time if they consider it appropriate.
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When a landlord files an Application for an Order
of Possession, they won’t know the final condition of the rental
unit. A landlord may ask the Branch not to apply the security
deposit to any Order for compensation. After the tenant moves, the
landlord may have a claim for damage or cleaning costs. If the
landlord needs to file another claim, they don’t need to pay another
filing fee.
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When the Branch issues an Order of Possession,
the Branch orders the tenant to move on or before a specific date.
Depending on when the Branch orders the tenant to move, the Branch
may also order the tenant to pay the landlord a daily rate for use
and occupancy if the tenant doesn’t move as ordered. For example:
The Branch issues an Order of Possession on June 23 ordering the
tenant to move on June 30 for disturbing other tenants. The Branch
also orders the tenant to pay the landlord $16.44 per day starting
July 1. When the Branch orders a tenant to pay a daily
rate for use and occupancy of the rental unit, the Branch uses the
following formula to calculate the rate:
Monthly rent x 12
365
If the Branch orders a tenant to move before the
end of a rental payment period and the tenant paid the full rent,
the landlord must return any unused rent to the tenant. For
example: The Branch orders a tenant to move on or before May 15 for
disturbing other tenants. The tenant paid the full May rent of
$500.00. The tenant moves on May 15. The landlord must refund
$263.04 to the tenant ($500.00 x 12 ¸ 365
= $16.44 daily rate x 16 days). If a landlord doesn’t return the
rent, the tenant may file a claim with the Branch.
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When the Branch issues an Order of Possession, it
sets a time limit for enforcing the Order. A landlord who receives
an Order of Possession for any reason other than non-payment of
rent, has 30 days from the date the tenant is to move to file the
Order in the Court of Queen’s Bench. For example: The Branch
grants a landlord an Order of Possession because the tenant
disturbed other tenants in the complex. The Branch orders the tenant
to move on or before June 30. The landlord may file the Order of
Possession in the Court of Queen’s Bench up to and including July
30.
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