Every landlord hopes for the perfect tenant—one who pays their rent on time, doesn’t cause issues for the neighbours, and keeps the unit in good condition. But for one reason or another, you might end up with a tenant who does more harm than good.
This can raise a few questions. You might wonder: Is it legal to evict a tenant in Manitoba? And if you need to terminate a lease, what does that process look like?
There are a lot of misconceptions about evictions. We’re going to explain what the process is to end a tenancy:
Reasons To Evict a Tenant
A landlord can’t choose to evict a tenant simply because they don’t like them—that’s discriminatory. A landlord can issue an eviction notice for any of the following reasons:
- The tenant is committing unlawful activities on the property
- Repeated late payments of rent
- Disturbing other tenants or neighbours
- Damaging the unit
- Not paying rent
In these cases, a landlord is within their rights to evict a tenant.
What if you’re selling your rental property?
You might end a tenancy if you plan to sell your property. However, the process is a bit different than evicting a tenant for criminal activity or non-payment of rent.
The landlord must give their tenant 3 months’ notice from the date of a signed accepted offer. The eviction notice should be handed to the tenant.The landlord will also be responsible for paying the moving fees up to $500.
If the tenant has school-aged children and the notice is given during the school year, that tenant can remain in the unit until the school year is finished.
Issuing an Eviction Notice
If you want to end a tenancy, what are your options? First, landlords must use a notice of termination form provided by the Residential Tenancies Branch. There are several forms available for various termination reasons, which you can view here.
An eviction notice needs to be handed to the tenant in person. It should include the names of each tenant at the unit. Are you having trouble delivering an eviction notice to your tenant? If so, contact the RTB for alternate methods of issuing the notice.
What if the tenant won’t leave?
You can arrange for a hearing by applying for an Order of Possession. When you apply, you are given a hearing date as well as the documents to serve the tenant. This must be served in person to the tenant or an adult at the property.
Once served, you must fill out a Statement of Declaration with the details of when, where, and who was served. This has to be signed in front of a Commissioner of Oaths and submitted with your evidence before the hearing.
At the hearing, the RTB will decide whether to grant the landlord with the Order of Possession. This order is legally binding and will have the date on it that the tenant must move out.
If the tenant still refuses to move, the landlord can use the Order of Possession to obtain a Writ from the Court of Queen’s Bench and have the tenant forcibly removed.
Talk to a Property Manager
Evicting a tenant is not a simple process. If you don’t do things correctly, you could end up in legal trouble. Luckily, there’s a way to simplify this process: By working with a property manager. As part of our property management solutions in Winnipeg, we offer assistance with RTB relations. We’ll take care of everything from eviction notices to orders of possession. At Premier Property Solutions, we’re here to help you with the responsibilities of managing a property. To learn more, contact us today.