- A landlord's notice of termination in Manitoba must be in the prescribed form and signed by the landlord.
- For unpaid rent, the landlord may give notice if the rent is still unpaid within three days after it is due.
- The notice must state the amount owed, a vacate date and the tenant's right to pay and avoid termination.
Falling behind on rent is stressful for a tenant, and unpaid rent is a real problem for a landlord. In Manitoba, a landlord cannot simply ask a tenant to leave. There is a set process that starts with a written notice.
This article explains how the notice for unpaid rent works, what it has to contain, and what a tenant can do to stop the termination. Details about hearings and orders depend on your situation, so it also points out when to get advice.
This article covers the law of Manitoba.
The starting point: a proper written notice
Under The Residential Tenancies Act, a landlord's notice of termination must be in the prescribed form and signed by the landlord. A casual text message or a verbal demand to move out is not the same thing.
Unpaid rent has its own rule, separate from the usual termination for cause. That separate rule is what most landlords rely on when rent has not been paid.
When a landlord can give notice for non-payment
If rent or a tenant services charge is unpaid within three days after it is due, the landlord may give notice terminating the tenancy on the day payment was due. This rule is found in section 95.1 of The Residential Tenancies Act.
The notice has to contain certain things. It must state:
- the amount owed
- a vacate date
- the tenant's right to pay and avoid termination
A notice that leaves these out, or is not in the prescribed form and signed, may be open to challenge.
How this differs from other types of notice
Other grounds for ending a tenancy follow different timelines, so it helps to know which one applies. The table compares a few of them.
| Situation | Basic rule |
|---|---|
| Unpaid rent or services charge | Notice may be given if unpaid within three days after it is due |
| Termination for cause | Notice of at least one rental payment period, effective on the last day of a rental payment period |
| Certain serious contraventions | Notice may take effect not earlier than five days after it is given |
| Written fixed-term tenancy not renewed | Ends on the specified date without landlord notice |
What a tenant can do to stop the eviction
The notice must tell the tenant about the right to pay and avoid termination. For many tenants, paying what is owed as the notice describes is the most direct way to keep the tenancy.
If you cannot pay the full amount, or you think the amount is wrong, do not ignore the notice. Keep your rent receipts, bank records and any messages with the landlord. These can matter if the matter goes further.
What happens if a tenant stays after the notice date, including any hearing at the Residential Tenancies Branch and an order of possession, depends on the facts and the current process. Confirm those steps with the Residential Tenancies Branch or a lawyer before relying on them.
What to do next
- Read the notice carefully and check that it is signed and in the proper form.
- Check that it states the amount owed, a vacate date and your right to pay.
- Note the dates: when rent was due and when the notice was given.
- Gather rent receipts, payment records and messages.
- If you are a tenant, consider paying the amount owed if you are able to, and keep proof of payment.
- If you are a landlord, keep a copy of the notice and a record of how and when it was given.
- Contact the Residential Tenancies Branch or a lawyer about the next steps if rent is still unpaid or the amount is disputed.
Frequently asked questions
How soon can a landlord give notice after rent is missed?
If rent or a tenant services charge is unpaid within three days after it is due, the landlord may give notice terminating the tenancy. The notice must be in the prescribed form and signed by the landlord.
What must an unpaid rent notice say?
It must state the amount owed, a vacate date and the tenant's right to pay and avoid termination. If any of these are missing, a tenant may wish to get advice on whether the notice is valid.
Can a tenant stop the eviction by paying?
The notice must set out the tenant's right to pay and avoid termination. Paying as the notice describes is often the simplest way to keep the tenancy, and you should keep proof of payment.
Does the landlord need a hearing before I have to leave?
The steps after a notice, including any Residential Tenancies Branch hearing and order of possession, depend on the facts. It is worth confirming the current process with the Branch or a lawyer rather than assuming either way.
Sources
- The Residential Tenancies Act, C.C.S.M. c. R119 — web2.gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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