Landlord Notice to End a Tenancy in Manitoba: Required Notice Periods

If you have received a notice to move out, the first questions are usually how long you have and whether the notice is valid. The answers depend on why the landlord is ending the tenancy and what kind of tenancy you have.

This article sets out the main notice rules under The Residential Tenancies Act and the Residential Tenancies Regulation. Some periods depend on the vacancy rate, which changes, so check the current figure with the Residential Tenancies Branch.

This article covers the law of Manitoba.

Start with whether the notice is in proper form

A landlord's notice of termination must be in the prescribed form and signed by the landlord. A message, text or informal letter that does not meet that requirement may not be a valid notice. Do not assume it is invalid without advice, though. Keep it and check the details.

• Whether it is on the prescribed form and signed by the landlord.
• The reason the landlord gives, because the notice period turns on that reason.
• The date the tenancy is said to end.
• Any amount owed, if the notice is about unpaid rent.

Notice periods by reason

A non-payment notice must state the amount owed, a vacate date and your right to pay and avoid termination. If you receive one, read it closely for those items.

Sale notices are dealt with in section 98 of the Act and section 12 of the Regulation, while owner-occupancy, demolition, renovation and change-of-use notices are set by section 13 of the Regulation. Where the tenancy has a fixed end date, a sale notice is three months whatever the vacancy rate.

Exceptions that can change the timing

• Fixed-term agreements. For sale, landlord's use and demolition notices, 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.
• Caretaker or employee units. Notice must be given within three rental payment periods after employment ends and be at least one rental payment period unless the director orders otherwise.
• Mobile home sites. Notices for sale or landlord's use must be at least six months, unless the tenant rents both the home and the site under a single agreement. Life leases cannot be ended for landlord's use without director authorization.

A written fixed-term tenancy that is not renewed ends on the specified date without landlord notice.

Why the vacancy rate matters

For sale and owner-use notices, the length of notice turns on the vacancy rate. That figure is published by the Residential Tenancies Branch and changes over time, so the rate in effect for your location is what counts. If your notice seems shorter than the table suggests, ask the Branch which rate the landlord relied on.

Even where the table gives a period, the fixed-term, school-year and mobile home exceptions can still delay when a notice takes effect. How these fit together depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Keep the notice and note the date you received it.
• Check that it is on the prescribed form and signed.
• Identify the stated reason and compare it to the table above.
• Check your agreement: is it fixed term, or does it continue period to period?
• Note whether a child in the unit attends school.
• Contact the Residential Tenancies Branch or a lawyer before you move out or stop paying rent.

Each situation turns on its own facts, such as the reason given, the type of tenancy and the vacancy rate, so it is worth confirming your position with a lawyer or the Branch before you act.

Frequently asked questions