Section 7

Notice of Termination

Sub-Section 7.4

Notice by a Landlord — Landlord Needs Rental Unit For Own Use


Legislation


s. 53, 97-100, The Residential Tenancies Act
s. 11, 13, 14, Residential Tenancies Regulation


Definitions

Fixed-term tenancy: a tenancy agreement for a specific period of time, usually one year.

Month-to-month tenancy: a tenancy agreement for a month at a time with no specific end date.

Notice of termination: a written notice by a landlord to end a tenancy. Landlords must use the prescribed form when giving a tenant a notice of termination (the form set out in the Residential Tenancies Regulation).

Rental Market Report: a report published by Canada Mortgage and Housing Corporation that outlines the vacancy rates for Manitoba.

School age children: for the purpose of this policy, school age children are children enrolled in kindergarten and up to and including Grade 12.

Temporary tenancy: when the landlord rents their home as a rental unit for a temporary period, with the understanding that, the landlord will require the rental unit for their own use at the end of this time. Or, a landlord of a life lease complex rents a unit to a non-life lease tenant on the understanding that the landlord can give the tenant notice of three rental payment periods.

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.

Vacancy Rate: The average private apartment vacancy rate for all bedroom types, for Winnipeg CMA (census metropolitan area), Brandon CA (census area), Portage la Prairie CA (census area), City of Steinbach, Thompson CA (census area), and for rural Manitoba, as set out in the most recent fall issue of the Rental Market Report.

Policy

These policies do not apply to temporary tenancies.

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A landlord can give a tenant notice based on the applicable vacancy rate to move if:

  • the landlord is moving into the rental unit;

  • certain members of the landlord’s family are moving into the rental unit. For example: spouse, adult children or stepchildren, parents, mother-in-law, father-in-law;

  • the landlord plans to tear down the unit;

  • the landlord plans to renovate and it is not reasonable for the tenant to live in the unit while the work is done;

  • the landlord plans to remove the rental unit from its present location. For example: The landlord plans to build a new house on the land where the rental unit sits. The landlord may give the tenant notice to move to allow the rental unit to be moved to another place;

  • the landlord is going to use the rental unit for something other than residential. For example: The landlord converts the unit to commercial use instead of residential.

Effective March 1, 2013

If vacancy rate is:

Tenant must receive:

3% or higher

3 months’ notice

2.0% - 2.9%

4 months’ notice

Less than 2.0%

5 months’ notice

A landlord who wants to end the tenancy of a tenant who rents a mobile home site must give the tenant a notice of at least six months.

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.

If a tenant is on a fixed-term tenancy agreement, the landlord must give the notice based on the applicable vacancy rate before the tenancy agreement ends. For example: The vacancy rate for Winnipeg is less than 2%. The landlord is required to give 5 months’ notice to vacate. If the tenancy agreement ends on June 30, the landlord must give notice on or before January 31.

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There are special rules for giving notice to a tenant with school age children. The tenant can stay in the rental unit until the end of the school year as long as the children go to a school that is conveniently accessible to the rental unit. This applies to both month-to-month and fixed-term tenancy agreements.

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If a fixed-term tenancy agreement ends during the school year, a landlord may give noticethat they don’t plan torenewthe agreement based on the applicable vacancy rate before the agreement ends. The tenant can stay in the rental unit, but the landlord’s notice will take effect at the end of the school year. For example: The vacancy rate is less than 2%. The tenancy agreement ends March 31. In October, the landlord gives the tenant notice that they won’t renew the agreement because they plan to move into the unit. The tenant can stay in the unit until the end of the school year, if there are no violations of the tenancy agreement, but the tenancy ends when the school year does. .

After receiving a notice, a tenant may give the landlord a notice of at least one rental payment period, even when there is a fixed-term tenancy agreement. For example: After the tenant receives notice in October, they find another place for March 1. They can give notice in January to leave at the end of February.

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When a landlord ends a tenancy for any of these reasons, the landlord is responsible to pay a tenant’s reasonable moving expenses, up to a maximum of $500.

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When a landlord ends a tenancy because they plan to renovate a unit, the tenant has the right to re-rent the unit after the work is done. Before moving out, the tenant must tell the landlord in writing that they want to have the right to move back into the unit.

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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 legally 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 impose administrative penalties. This may be considered if there is a serious or repeated breach of either the Act or an Order issued by the Branch or the Residential Tenancies Commission..


Procedure

Overview

Either a landlord or tenant can ask the Branch for information on how to end a tenancy. They can also ask the Branch to help them end a tenancy through mediation or by making a decision and issuing an Order.


Steps ▼

1.The officer encourages the landlord and tenant to share information, and to discuss the problem, to try to come to an agreement.

2.When a tenant or landlord asks the Branch for help with a problem with a notice of termination, an appropriate officer follows the procedures for:

    • mediation
    • orders of possession
    • hearings


Forms

Notice of Termination by Landlord (For landlord's own use)
......................................................... Form 11A/Residential Tenancies Regulation
..........................................................Form 11B/Residential Tenancies Regulation
..........................................................Form 11C/Residential Tenancies Regulation


X-Referencing

For information on Mediation, see Section 1.
Orders of Possession are dealt with in Section 8.
Hearings are covered in Section 11.


Policy Developed

September, 1992


Last Revision

June, 2015


Other Resources

None


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