Manitoba Non-Payment of Rent Notice: Form 8 Rules for Landlords
When You Can Serve Form 8
Under section 95.1 of Manitoba's Residential Tenancies Act, a landlord can serve a Notice of Termination for Non-Payment of Rent when rent remains unpaid three days after it is due.
The prescribed form is Form 8 for standard residential tenancies. Mobile home or site tenancies use Form 9, and tenancies with tenant services use Form 8.1.
The Timeline
Here is how the dates work for rent due on the first of the month:
- Day 1 (e.g., October 1): Rent is due
- Days 2–4 (October 2–4): The three-day grace period runs
- Day 5 (October 5): If rent is still unpaid, you can serve Form 8
You choose the move-out date on the form. The Act sets no minimum number of days between service and the move-out date; the RTB recommends giving a reasonable amount of time to pack and move.
How to Complete Form 8
Fill in every required field:
- Your name and the names of all tenants
- The rental unit address, including unit number and municipality
- The amount of rent owing and the period it covers
- The termination date (move-out date)
- Leave the pre-printed statutory rights text unaltered — the tenant must be able to read their right to dispute the notice with the RTB
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Serving the Notice
You cannot mail Form 8. Landlord termination notices must be personally delivered to the tenant or to an apparently adult person at the rental unit.
After serving, complete a sworn Declaration of Service recording the date, time, address, and method. You will need this if you later apply for an Order of Possession.
What If the Tenant Pays Late?
If the tenant pays all amounts listed on the notice before the move-out date, they can avoid termination. However, if you accept the late payment and confirm in writing at the time that you are treating the agreement as terminated, the tenancy still ends.
Accepting late payment without that written confirmation waives the termination.
What If the Tenant Does Not Pay or Leave?
If the termination date passes and the tenant is still in the unit without paying, you apply to the RTB for an Order of Possession ($60 filing fee). The RTB schedules a hearing, and you present your Form 8, proof of service, and rent records. Late fee charges are permitted up to the limits set in the Residential Tenancies Regulation.
Common Mistakes
The most frequent errors with Form 8 are serving it too early (before the three-day grace period has run), using a form meant for a different type of tenancy (Form 9 for a standard unit, or vice versa), and failing to properly document proof of service.
Our Ending a Tenancy in Manitoba guide includes a notice date calculation worksheet and proof-of-service log that walks through the Form 8 timeline step by step.
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