Manitoba Eviction Notices: How Termination Works, How Much Notice You Get, and How an Order of Possession Is Enforced

In Manitoba people often say eviction when a landlord gives a notice that ends a tenancy. The legal document is a notice of termination, and it is only the first step. A landlord cannot simply change the locks or remove a tenant. If a tenant does not leave, the landlord must go to the Residential Tenancies Branch and ask for an order of possession, and a hearing officer decides. This guide explains the reasons a landlord can use, how much notice each reason requires, and what a tenant can do after a notice arrives.

What a notice of termination must include

A notice of termination must be in writing and must be signed by the landlord. For unpaid rent the Branch says the prescribed form must also include all of the following:

1. The name of the tenant or tenants.
2. The address of the rental unit.
3. The reason the notice is being given.
4. The amount of rent owing, where rent is the reason.
5. The date the tenant must move out.
6. A statement that the tenant is entitled to disagree with or dispute the notice.
7. A statement that if the tenant pays the total amount shown and any other amount owing on the date of payment, the tenant does not have to move unless the landlord confirms in writing that the notice is still in effect.

If a landlord does not use the prescribed form, the Branch may treat the notice as invalid and unenforceable. The Branch landlord forms page lists the forms that match each reason. Form 8 is for unpaid rent in most tenancies, Form 10 is for cause other than unpaid rent, Form 11A is where a purchaser or the landlord intends to move into the unit, Form 11B is for demolition or conversion, and Form 11C is for extensive renovations.

A landlord must deliver the notice to the tenant in person, or hand it to an adult at the rental unit. If more than one tenant lives in the unit, all of their names must appear on the notice, although the landlord generally does not need to give each tenant a separate copy. If service is difficult, the landlord can ask the Branch for permission to serve the notice in another way.

Related rules matter at the end of a tenancy as well. Your rights in the money held by the landlord are covered in our guide to security deposits in Manitoba, and rent changes during a tenancy are covered in our guide to rent increases in Manitoba. The Manitoba hub lists every Manitoba guide on this site.

Unpaid rent

A tenant must pay the full rent on the day it is due. If rent is not paid, the Branch says a landlord is entitled to give notice on the fifth day of a rental payment period. By way of example, where rent is due on May 1 and is not paid, the landlord can give notice on May 5.

For this kind of notice the landlord chooses how much time to give the tenant to move. The Act sets no minimum time for a notice for unpaid rent, and the Branch suggests that a landlord consider giving the tenant a reasonable amount of time to pack and move. A landlord can give this notice during the winter and during the school year.

Paying can stop the move. If the tenant pays the total amount shown on the notice and any other amount owing on the date of payment, the tenant does not have to move unless the landlord tells the tenant in writing that the notice is still in effect. There is one important exception for tenants who pay late again and again. Where a tenant has been late at least three times in the previous year or the current tenancy, the landlord can accept the rent, give the tenant a habitually late letter, and confirm in writing as soon as practical that the tenancy is still terminated. To enforce that position the landlord must be able to show the pattern of late payment.

A landlord cannot give a notice to move for unpaid late fees alone. The landlord can instead file a claim for compensation for unpaid fees, or claim them against the security deposit at the end of the tenancy.

Other breaches and failure to meet obligations

A landlord can end a tenancy where a tenant does not meet an obligation under the Act or the tenancy agreement, but the landlord must act in stages.

1. First the landlord must give the tenant a written warning or a chance to correct the problem. Where a tenant is noisy, the warning must say that notice will follow if more complaints are received. Where a tenant causes damage, the landlord must tell the tenant to repair it and allow a reasonable length of time for the repair.
2. If the tenant does not correct the problem, the landlord may then give notice of at least one rental payment period.

That notice can end a fixed term tenancy or a month to month tenancy, and it can be given during the winter or during the school year. The same warning first approach applies where a tenant breaches a reasonable rule set by the landlord.

Other situations the Branch describes in this category include the following:

1. A tenant who gave fraudulent information on a tenancy application, which the landlord can prove, can be given at least one rental payment period of notice.
2. A tenant who does not pay a utility bill they are responsible for can be given a deadline to pay, and then at least one rental payment period of notice if the bill remains unpaid. Where a shutoff risks extraordinary damage, for example frozen pipes in winter after a heating shutoff, the notice can be as short as five days.
3. No warning or chance to correct is required before a five day notice where a tenant causes extraordinary damage to the unit or a common area, risks the health or safety of the landlord or other tenants, or creates an extraordinary disturbance.

Two counting and money rules apply across these notices. The day on which a notice is served cannot be counted in the period of notice, so a five day notice given on a Monday takes effect on the Saturday, not the Friday. And if a landlord gives a notice that ends before the end of a rental payment period, any unused rent for the rest of that period must be returned to the tenant. A tenant who does not receive that refund can file a claim with the Branch.

Where the landlord or a purchaser wants the unit back

A different and much longer notice applies where the tenancy is ending not because of anything the tenant did wrong, but because of what the landlord plans to do with the unit. The Branch lists these reasons:

1. The landlord is moving into the unit.
2. A member of the landlord family is moving into the unit, such as a spouse, an adult child or stepchild, a parent, a mother in law, or a father in law.
3. The landlord plans to demolish the unit.
4. The landlord plans to renovate and it is not reasonable for the tenant to live in the unit while the work is done.
5. The landlord is going to use the unit for something other than housing, such as converting it to commercial use.

For these reasons the notice period depends on the vacancy rate for the area where the unit is located. At a vacancy rate of 3 per cent or higher the tenant must receive three months of notice. At a rate from 2.0 per cent to 2.9 per cent the tenant must receive four months of notice. At a rate below 2.0 per cent the tenant must receive five months of notice. Because the rate changes, confirm the current rate and the notice that follows from it with the Branch before relying on a date. A tenant who rents a mobile home site must receive at least six months of notice.

Where the tenancy is a fixed term agreement, this notice must be given before the agreement ends, using the vacancy based period. A family protection also applies. A tenant with school age children who attend a school conveniently accessible from the unit can stay in the unit until the end of the school year, and that protection applies to both month to month and fixed term tenancies.

Three further rights come with this kind of notice:

1. The landlord must pay the tenant reasonable moving expenses, up to a maximum of 500 dollars.
2. After receiving the notice, the tenant can leave earlier by giving the landlord at least one rental payment period of notice, even where the tenancy was a fixed term agreement.
3. Where the reason is renovation, the tenant has the right to rent the unit again after the work is done. To keep that right the tenant must tell the landlord in writing, before moving out, that they want to return. If a lawful rent increase applies to the renovated unit, the tenant who returns pays the new rent.

A sale on its own is not a reason. A landlord cannot give notice simply because the unit is being sold. Notice for a purchaser can only be given where the purchaser has asked in writing for the notice because the purchaser, or a family member in the same list set out above, plans to move in, and only once all of the conditions of the sale are final. The vacancy based notice and the school year protection then apply in the same way.

If the tenant does not move: the order of possession

A notice on its own does not remove a tenant. If the tenant does not move by the date in the notice, the landlord can apply to the Branch for an order of possession, using the application form the Branch provides. The Branch does not accept applications on other forms. The landlord can apply after the move date has passed, at the same time as giving the notice, or before the move date where the tenant has said they will not move.

The application must include a copy of the notice of termination and copies of any letters asking the tenant to correct a problem. For unpaid rent the landlord must also show which months of rent are owed and how much is owing. The landlord can add a claim for rent arrears, damage, or other compensation to the same application. The Branch page on applying lists the filing fee as 60 dollars, and the guidebook describes the fee for this application as non refundable.

The Branch then schedules a hearing. Hearings are held in Winnipeg, Brandon, and Thompson, and in other judicial centres in the province, usually in the centre closest to the rental unit. Both sides can give information to the hearing officer. The Branch will not grant an order of possession if the landlord notice of termination is not valid, for example where the notice missed required information or failed to tell the tenant about the right to dispute it.

After a hearing the Branch may issue two orders. The order of possession tells the tenant to move out by a specific date, which is usually seven days after the date the order is issued, although a hearing officer can allow more time. A second order, where the landlord claimed money, tells the tenant to pay compensation for rent arrears or damage. The Branch can also order a daily rate for use and occupancy for each day the tenant stays after the move date, calculated as monthly rent multiplied by 12 and divided by 365. In some cases the Branch issues a conditional order instead, for example where a tenant has paid part of the arrears and promised to pay the balance shortly, or where rent paid through a third party source was late for reasons beyond the tenant control and that source confirms the rent has been sent or will soon be sent.

Appeal deadlines are short and they differ by order. A tenant has seven days to appeal an order of possession to the Residential Tenancies Commission, and fourteen days to appeal a compensation order. A person who did not take part in a hearing about an order of possession for unpaid rent must first apply for leave to appeal, meaning permission to appeal, within the appeal deadline and with evidence showing why they could not take part, or showing that the order was based on false or misleading information.

If the tenant still does not move by the date in the order, the landlord can file the order in the Court of Kings Bench and enforce it there, which is the route that allows sheriff officers to remove the tenant. For an order granted for unpaid rent, the landlord has ninety days from the date the tenant was ordered to move to file the order in court.

Lockouts are not allowed

A landlord cannot change the locks on a rental unit to force a tenant out. A tenant who is locked out can ask the Branch for help. The Branch will try to solve the problem through mediation, and if mediation does not succeed it may order the landlord to let the tenant back into the unit. If the landlord does not comply with that order, the Branch may authorize the tenant to hire a locksmith and deduct the cost from the rent. The Branch may also impose administrative penalties, which it may consider where there is a serious or repeated breach of the Act or of an order.

Practical steps if you receive a notice

1. Read the form carefully on the day you receive it. Note the reason given, the amount claimed if any, and the move out date, and keep the notice itself.
2. Count the notice period yourself, remembering that the day the notice was served does not count. Check the count against the reason, because unpaid rent, other breaches, and landlord use carry very different periods.
3. If the notice claims unpaid rent, gather your rent receipts and payment records right away. If you pay what is owing, keep proof of the payment and the date, and watch for any written confirmation from the landlord that the notice is still in effect.
4. Gather anything that speaks to the reason given, such as messages with the landlord, warning letters, photos, and records of repairs or complaints.
5. Contact the Branch promptly if the amount looks wrong, the form is missing required information, the notice period looks too short, or you dispute the reason. The notice itself states your right to dispute it, and the Branch can explain the next step for your situation. In Winnipeg call 204 945 2476. The toll free number in Manitoba is 1 800 782 8403.
6. Do not ignore hearing papers. If the landlord applies for an order of possession, you will receive the application and a notice of hearing, and the hearing is your chance to give your information to the hearing officer.
7. Diarise the appeal deadlines from the start. Seven days for an order of possession and fourteen days for a compensation order leave no room for delay.

Practical steps for landlords giving a notice

1. Choose the form that matches the real reason, and complete every required part of it, including the dispute statement.
2. Where the reason is a breach, warn the tenant in writing first and keep a copy, unless the conduct falls in the serious five day category.
3. Serve the notice in person or on an adult at the unit, name every tenant, and record how and when you served it.
4. Keep the copy of the notice and your warning letters together. You will need them if you apply for an order of possession.
5. Never change the locks, remove belongings, or shut off services to make a tenant leave. Apply to the Branch instead.

Common mistakes

Assuming a notice is an eviction order. It is not. A notice states the landlord position and a move out date. Only the Branch can issue an order of possession, and only court enforcement can remove a tenant who still refuses to leave.

Using the wrong form or leaving parts blank. A notice that misses required information, including the statement about the right to dispute, can be treated as invalid, and an order of possession will not follow from an invalid notice.

Skipping the warning. For most breaches other than unpaid rent, a landlord who goes straight to notice without a written warning and a chance to correct the problem has missed a required step.

Counting the service day. The day a notice is delivered does not count toward the notice period. Counting it makes every short notice one day too short.

Treating a sale as a reason on its own. A planned sale does not end a tenancy. A purchaser must ask in writing, intend in good faith for a listed person to move in, and wait until every condition of the sale is final.

Missing the appeal window. Seven days and fourteen days pass quickly. A tenant who wants to challenge an order must contact the Residential Tenancies Commission within the deadline that applies to that order.

A quick note on what this page is

This page is general legal information about Manitoba tenancy rules, written in plain language. It is not legal advice, and it does not replace the Residential Tenancies Branch, a lawyer, or a community legal clinic for advice about your own situation. Rules, forms, fees, and vacancy rates change, so confirm the current details with the Branch before you act on a deadline. This page was verified against official Manitoba sources on October 15, 2026.