Manitoba Tenant Refuses to Leave After Notice: What to Do

A Notice Is Not an Eviction

The most important thing to understand when a tenant stays past the termination date: your notice ended the tenancy on paper, but it did not give you the power to physically remove anyone. The RTB must issue an Order of Possession, and a certified copy must be filed with the Court of King's Bench before its Registrar issues a Writ of Possession directed to the Sheriff.

Do not change the locks, shut off utilities, or remove the tenant's belongings; these actions can violate the Residential Tenancies Act. The RTB may impose an administrative penalty and order compensation. Keep communications lawful and non-threatening.

Step 1: Apply for an Order of Possession

File an Application for an Order of Possession with the RTB. The filing fee is $60. Include:

• A copy of the notice of termination you served
• Your completed Declaration of Service (sworn before a Commissioner for Oaths)
• The tenancy agreement
• Any supporting evidence — rent records, warning letters, photographs, correspondence

The RTB will schedule a hearing and send a Notice of Hearing to both parties.

Step 2: Serve the Hearing Package

You must give the tenant a copy of the application at least five days before the hearing. The RTB Director may allow shorter notice in exceptional circumstances, but five days is the standard rule. Document this service as well.

Step 3: Attend the Hearing

An RTB Hearing Officer will review whether your notice was valid: correct form, correct ground, correct notice period, proper service, and all preconditions met. The tenant has an opportunity to present their side.

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 a party does not follow it, the other can apply for a Branch order based on the agreement. If mediation is declined or no agreement is reached, the matter proceeds to a hearing or an officer's decision.

If the officer is satisfied your notice was valid and the ground is established, they issue an Order of Possession — a binding order specifying the date by which the tenant must leave.

Step 4: The Appeal Window

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

Step 5: Court and Sheriff Enforcement

If the tenant still does not leave after the appeal window closes:

1. Request 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 execution fees
5. The Sheriff schedules and carries out the physical removal

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 try to remove a tenant yourself.

How Long Does It All Take?

There is no guaranteed timeline. The RTB's hearing schedule, whether the tenant appeals, and the Sheriff's availability all affect timing. A straightforward case might resolve in several weeks after filing. A contested case with an appeal can take months.

The best way to shorten the process is to make sure your original notice is airtight — correct form, correct date, proper service, all preconditions met. Every procedural error resets the clock.

The Ending a Tenancy in Manitoba guide walks through each step from notice to Order of Possession, with an RTB application checklist and proof-of-service log.

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