Manitoba eviction notices for unpaid rent and other causes

Non-payment of rent

• Earliest notice date: if rent remains unpaid for three days after it falls due, the landlord may give the prescribed notice on the fifth day of that rental payment period. Example: if rent was due May 1, the Branch says May 5 is the first day for a non-payment notice. Do not count only three days from the landlord’s reminder.
• Choose the correct form: Form 8 covers ordinary residential tenancies without tenant services or mobile-home arrangements; Form 8.1 covers applicable tenant-services tenancies; Form 9 addresses mobile homes/sites. A non-payment notice cannot be issued solely for late fees.
• Notice contents: the prescribed form must identify the tenants and unit, amount of unpaid rent, the stated move-out date and the tenant’s right to dispute. Manitoba does not specify one universal minimum move-out period in the non-payment notice itself. The landlord must deliver the form using a lawful service method; an informal text alone may be insufficient.

What if the tenant pays after receiving Form 8?

The Branch says the notice must explain that paying the total rent and other amounts due can allow the tenant to stay, unless the landlord promptly confirms in writing that termination is still sought. To enforce termination after accepting payment, the landlord generally must establish habitual late payment (at least three late payments in the past year or the current fixed term without valid reason). Keep the payment receipt, landlord’s written reply and a dated rent ledger. Payment of rent but not disputed late fees does not automatically justify possession.

From notice to a possession order

1. If the tenant does not pay or move, the landlord can ask the Residential Tenancies Branch for an Order of Possession; a landlord cannot personally change the locks to force a tenant out.
2. The published Branch Order of Possession application fee is $60. The landlord must use the Branch form and identify arrears and the notice relied on. The tenant generally must receive the hearing materials at least five days before the hearing.
3. The Branch may mediate or hold a hearing, verify that the notice is valid and decide the arrears and possession issues. In suitable circumstances it may make a conditional order tied to payment.
4. An Order of Possession ordinarily has a seven-day appeal deadline to the Residential Tenancies Commission, while a separate compensation order has a 14-day deadline. If a party missed the hearing, leave to appeal may be needed. Check the actual order immediately—these deadlines are different.

Other notice categories

Form 10 covers certain causes other than non-payment, such as breaches of tenancy obligations. Landlord occupancy, extensive renovations, demolition and conversion have distinct notice forms and different timing rules. See notice to move before assuming a fixed number of days.

If you have received a notice

• Save all pages, the date and method of delivery, receipts and communications.
• Check the exact form, alleged unpaid rent, earliest service date and stated termination date. Compare the figure against bank records and rent receipts; do not confuse rent with a separate late-fee claim.
• Contact the Branch promptly if you disagree, are at risk of losing housing or have a hearing scheduled.