How to Evict a Tenant in Manitoba

What "Eviction" Actually Means in Manitoba

Manitoba law does not let a landlord physically remove a tenant. The word "eviction" gets used loosely, but the legal process is a termination of tenancy followed — if the tenant stays — by an Order of Possession from the Residential Tenancies Branch (RTB) and enforcement by the Sheriff's Office.

Self-help evictions are illegal. Changing the locks, shutting off utilities, or removing a tenant's belongings without a court-ordered writ can lead to administrative penalties and compensation orders against you.

Step 1: Identify a Lawful Ground

You need a reason the Residential Tenancies Act (RTA) recognises. The main grounds are:

• Non-payment of rent — rent unpaid three days after it is due (Form 8)
• Breach of tenancy or safety risk — material breach of rules, property damage, or danger (Form 10)
• Landlord or family personal use — you or a qualifying family member intend to live in the unit (Form 11A)
• Sale to a purchaser who will occupy — the buyer or a family member who qualifies under the Act intends to move in, and the sale conditions are satisfied (Form 11A)
• Demolition, conversion, or extensive renovation — Forms 11B or 11C

Each ground has its own prescribed form, notice period, and prerequisites. Using the wrong form or missing a precondition invalidates the notice.

Step 2: Serve the Correct Notice

Complete the prescribed RTB form and serve it on the tenant. Landlord termination notices cannot be mailed — you must deliver personally to the tenant or to an apparently adult person at the rental unit.

Notice periods depend on the ground:

• Non-payment (Form 8): Notice can be given on the fifth day after rent is due; you set the move-out date.
• For-cause (Form 10): At least one full rental payment period for minor breaches (a written warning is required first). As short as five days for severe safety risks.
• No-fault (Forms 11A/B/C): Three to five months depending on the CMHC vacancy rate — three months at 3% or higher, four months at 2.0–2.9%, five months below 2%.

Date rules depend on the ground. A standard Form 10 notice under section 96(2) must end on the last day of a rental payment period; for Form 8, the landlord chooses a reasonable move-out date.

Step 3: Apply for an Order of Possession

If the tenant does not leave by the termination date, you file an Application for an Order of Possession with the RTB and pay the $60 filing fee. The RTB schedules a hearing and notifies both parties.

You must serve the tenant a copy of the application at least five days before the hearing (the RTB Director may allow shorter notice in exceptional circumstances). You will also need to file a sworn Declaration of Service confirming how and when you served the original notice.

Step 4: Attend the RTB Hearing

A Hearing Officer conducts the hearing. Both sides present evidence — lease agreements, warning letters, rent records, photographs, and any relevant correspondence. Before the hearing, a mediation officer may contact the parties to see whether they can agree. Mediation is voluntary, and a mediated agreement is binding. If the parties decline mediation or do not agree, the matter proceeds to a hearing or an officer's decision.

Step 5: Appeal Window

The losing party has seven days after receiving an Order of Possession to appeal to the Residential Tenancies Commission (RTC). An appeal stays the order until the appeal is decided, unless the Commission orders otherwise. If no appeal is filed within the window, the order stands.

Step 6: Sheriff Enforcement

If the tenant still refuses to leave after the appeal window closes:

1. Request a certified copy of the Order of Possession from the RTB
2. File it with the Court of King's Bench
3. Request a Writ of Possession from the Court Registrar
4. Deliver the Writ to the Sheriff's Office and pay execution fees
5. The Sheriff schedules and carries out physical enforcement

The writ is directed to the Sheriff. At the Sheriff's discretion, deputy sheriffs, Sheriff's officers, police officers, constables, or other peace officers may also enforce it. Never attempt to remove a tenant yourself.

How Long Does the Process Take?

There is no fixed timeline. A non-payment case with a cooperative tenant can resolve in weeks. A contested no-fault termination with a school-age child in the household, an RTB hearing, and an RTC appeal can take many months. If notice is given during the school year (September 1 to June 30) to a tenant whose child attends a school reasonably accessible to the unit, sections 98 and 99 prevent the landlord from requiring the tenant to leave before June 30.

The Ending a Tenancy in Manitoba guide maps every ground to its form, notice period, and preconditions — with a date-calculation worksheet and pre-service audit checklist so nothing gets missed.

See more Manitoba guides →