How Much Notice a Landlord Must Give to End a Tenancy in Manitoba

You have received a notice of termination from your landlord, and you want to know whether it gives you enough time. In Manitoba the answer depends on the reason the landlord gives and the kind of tenancy you have.

This article walks through the main situations under The Residential Tenancies Act and its regulation. Use it to check the notice in your hands, then confirm the details for your own situation.

This article covers the law of Manitoba.

First, check that the notice itself is valid

A landlord's notice of termination must be in the prescribed form and signed by the landlord. A text message or a casual note that does not meet those requirements may not be a proper notice. Look at the form, the signature, the date it was given and the date it says you must leave.

If the notice is for a fixed-term lease, the rules differ. A written fixed-term tenancy that is not renewed ends on the specified date without landlord notice.

Notice for cause and for unpaid rent

When a landlord ends a tenancy for cause, the notice must be not less than one rental payment period and must take effect on the last day of a rental payment period. For certain serious contraventions, the notice may take effect not earlier than five days after it is given.

For unpaid rent, if rent or a tenant services charge is not paid within three days after it is due, the landlord may give notice terminating the tenancy on the day payment was due. That notice must state the amount owed, a vacate date and your right to pay and avoid termination. If a notice about unpaid rent leaves out those items, raise it promptly.

For caretaker or employee units, notice must be given within three rental payment periods after employment ends and must be at least one rental payment period, unless the director orders otherwise.

Notice when the landlord sells or wants the unit

When the reason is the sale of the property, the length of notice depends on whether there is a fixed end date and on the vacancy rate. For owner occupancy, demolition, renovation or change of use, it depends on the vacancy rate alone. The vacancy rate depends on the unit's location and changes over time, so confirm the current figure with the Residential Tenancies Branch.

Exceptions that can change the date

• Fixed-term agreements: for sale, landlord's use and demolition notices, the termination is not effective before the fixed term's end date.
• School-aged children: during a school year, a tenant with a school-aged child living in the unit cannot be required to leave before the school year ends under those provisions.
• Mobile home sites: notices for sale or landlord's use must be at least six months, unless you rent both the home and the site under a single agreement.
• Life leases: these cannot be terminated for landlord's use without director authorization.

What to do next

• Keep the original notice and note the date and way you received it.
• Check that it is on the prescribed form and signed.
• Match the reason given to the notice period in this article.
• Confirm the current vacancy rate for your area with the Residential Tenancies Branch.
• Do not ignore a notice about unpaid rent, since it may set out your right to pay and avoid termination.
• Speak with a lawyer or the Residential Tenancies Branch before you move out or withhold rent.

Frequently asked questions