Manitoba Order of Possession: How Landlords Apply to the RTB

When You Need an Order of Possession

A valid termination notice does not give you the right to remove a tenant. If the notice period expires and the tenant does not leave, you must apply to the Residential Tenancies Branch for an Order of Possession. Changing the locks, removing belongings, or cutting off utilities is illegal under the Residential Tenancies Act.

Filing the Application

Submit a completed Application for an Order of Possession to the RTB. The filing fee is $60, set by section 23(c) of the Residential Tenancies Regulation.

You need to include:

• A copy of the termination notice you served (Form 8, 10, 11A, 11B, or 11C)
• A sworn Declaration of Service showing that the tenant received the Application for an Order of Possession at least five days before the hearing
• Any supporting evidence — rent ledgers for non-payment, warning letters for cause-based terminations, or the unconditional purchase agreement for a sale notice

The Hearing

The RTB schedules a hearing and issues a Notice of Hearing. You must give the tenant a copy of your application at least five days before the hearing date (the Director can allow shorter notice in exceptional circumstances).

At the hearing, an RTB Hearing Officer reviews the evidence from both sides. The Branch routinely offers voluntary mediation before the formal hearing. If mediation produces an agreement, a binding consent order is issued. If not, the Hearing Officer conducts a full hearing and issues a written decision.

What the Order Contains

An Order of Possession specifies the exact date and time the tenant must deliver vacant possession. If the tenant also owes money, the RTB may issue a separate Monetary Order covering rent arrears, late fees, the filing fee, or property damage.

Enforcing the Order: Writ of Possession

If the tenant still refuses to leave after the Order of Possession deadline, you escalate to the Court of King's Bench:

1. Obtain a certified copy of the Order from the RTB
2. File the certified order 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 the execution fee
5. The Sheriff schedules and carries out the physical removal

Only a Sheriff Officer has the legal authority to enforce vacant possession. You cannot assist with the physical removal without the Sheriff's direct instruction.

Appeals Can Pause Enforcement

Either party can appeal an Order of Possession to the Residential Tenancies Commission. The appeal window is seven days after the order is received. Filing an appeal automatically stays the order — meaning enforcement is paused until the Commission decides, unless the Commission orders otherwise.

Our Ending a Tenancy in Manitoba guide includes an RTB Application Checklist that walks through every document you need for a possession hearing.

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