NOTE: All references to Section numbers refer to sections in The Condominium Act (SM 2011, c. 30, Sch. A).
What is a condominium conversion?
A condominium conversion is the creation of one or more condominium units in a building previously occupied by any person, including a tenant. An example is the conversion of an apartment building or a warehouse into condominium units.
Note: This does not include a building that is occupied:
“Tenured” refers to the right of the tenant of the rental unit to continue to occupy it.
What does a declarant (the person who owns the land) need to do to before submitting a declaration for registration?
In a property that has one or more existing tenured rental units, the declarant must give written notice of the proposed registration at least six months before submitting a declaration for registration to:
Note: If the declarant wants to rent out a unit in the complex after the notice of proposed registration is given, but before the declaration is registered – each prospective (potential) tenant must get a notice of the proposed registration before entering into a tenancy agreement.
Section 28(2) and (3)
Section 3 of the Condominium Regulation
When submitting a proposed declaration for a condominium conversion, what additional information does a declarant have to give the Land Titles Office?
Declarants must submit whichever of the following statutory declarations apply:
NOTE: Registration of the declaration may be denied if the required declarations are not submitted.
Section 28(4), (5), and (6)
What happens after a declaration has been registered?
As soon as possible after a declaration is registered, the owner of an existing tenured rental unit must give a written notice of the registration to each person entitled to the notice (see section 28(1) of the act).
The notice of the registration of a declaration must include:
Section 4, the Condominium Regulation
Can a tenant of an existing tenured rental unit stay in the unit after the declaration has been registered?
Yes. A tenant of an existing tenured rental unit, who occupies the unit when the declaration is registered, may continue to live there for at least:
whichever is longer. (See “What is continuous occupancy?” below for more information.)
NOTE: A unit owner may terminate (end) a tenancy even if the tenant has tenure under these provisions if the tenant breaches (does not meet) his or her obligations under The Residential Tenancies Act or the tenancy agreement (ex. not paying rent, causing damage).
What rights of occupancy does a holder of a right of first refusal have?
A person who exercises a right of first refusal on an existing tenured rental unit, may occupy the rental unit for at least:
whichever is longer.
This period begins on the date the holder is allowed to move into the unit under the right of first refusal.
Can a tenant assign his or her right to occupancy to another person?
No. A tenant’s right to occupy a unit – because of tenure or right of first refusal – may not be assigned (given over) to another person.
A person is said to “continuously occupy” a rental unit if he or she occupies, for any number of consecutive periods, any of the rental units owned by the same owner and located on the same property.
Are there any restrictions on selling a unit or proposed unit that is an existing tenured rental unit?
Yes. Before selling it to another person, a declarant must first offer to sell an existing tenured rental unit to the tenant, or holder of a right of first refusal, as long as they meet the continuous occupancy requirements of section 31. This offer of sale must be made at the same price the unit is sold to any other person, and on terms as favourable.
Section 31(1) and (2)
How long must an offer to purchase remain open?
A tenant or holder of a right of first refusal for a unit or a proposed unit must have at least 30 days to accept an offer to purchase.
Need more information?
For further information on tenant rights, visit the Residential Tenancies Branch website at www.manitoba.ca/rtb.
For information on protection for tenants of existing tenured rental units, see:
If you are looking for information on condominium registrations, see: