assignment of lease manitoba

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Manitoba Assignment of Lease by Landlord

Transfer an existing lease to a new owner of the property with this Manitoba Assignment of Lease by Landlord form.

• The Assignment is between the seller (current landlord), the purchaser of the property (new landlord), and the tenant, and is part of the documentation required to complete the sale of the rental premises.
• The tenant covenants to pay rent to the new landlord and continue to perform the tenant's obligations under the lease.
• The purchaser and seller agree to indemnify each other against any claims or actions arising out of any breach of the terms of the assignment.
• The Assignment form can be used for both commercial and residential rental properties.
• Available in MS Word format.
• Intended to be used only in the Province of Manitoba, Canada.

Manitoba Agreement to Terminate Lease Early

Manitoba Lease Co-Signer Agreement

Manitoba Mutual Cancellation of Commercial Lease

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Tenant rights and landlord rights in Manitoba

Governing or regulatory body.

Residential Tenancies Branch — Department of Tourism, Culture, Sport and Consumer Protection

Name of Act / Regulations

• Residential Tenancies Act
• Residential Tenancies Regulation
• Residential Rent Regulation
• Residential Tenancies Interest Regulation
• Residential Tenancies Costs Regulation

Types of Housing/Living Arrangements Covered by the Provincial Legislation

Permanent residential premises

Exclusions:  Hotels that are occupied on a temporary basis; seasonal homes; co-ops; temporary shelter; universities and colleges; accommodations for religious groups; adjoined staff accommodation in an agricultural venture.

Types of Rental Periods

The tenancy agreement can be periodic, including month-to-month or fixed-term, such as a full year long lease.

Is a signed lease required?

No, but if the rental agreement is put in writing, the tenant and landlord are both required to sign it and the landlord has to give the tenant a copy of the lease within 21 days of the tenant signing it. If a landlord requests a tenant to get a guarantor, the tenancy agreement must be put in writing. Tenancy agreements that include tenant services must also be put in writing. Tenants who have no received a copy of the rental agreement have the right to contact the Residential Tenancies Branch, who will direct the landlord to give the tenant a copy of the agreement as soon as possible.

Is a signed move in/move out inspection report required?

No, except in the event that the landlord or tenant ask for one to be created. Even though it is not required by law, it is still a good idea for a landlord and tenant to go through the property and complete a full condition report together when the tenant moves in and when they move out. The Residential Tenancies Branch provides tenants and landlords with copies of the Rental Unit Condition Report form at no charge, though another checklist can be used for the same purpose.

Security Deposit  A landlord is not allowed to request more than ½ of the first month’s rent from a tenant. The security deposit is held by the landlord until the tenancy comes to an end.

Pet Damage Deposit  A landlord who allows a tenant to keep a pet in the rental unit can charge the tenant a pet damage deposit that is equivalent to ½ month’s rent. This deposit is held by the landlord until the end of the tenancy. Starting March 1, 2013, a tenant services charge can be increased if the number of people living in the unit increases at any time. If the landlord increases this fee, the tenant may be required to pay more towards the tenant services security deposit.

Tenant Services Security Deposit  A landlord who provided tenants with certain services ask request that a tenant pay a security deposit for them. Tenant services security deposits are not allowed to exceed more than ½ month’s rent. This deposit is held by the landlord until the end of the tenancy.

If the landlord finds that there are no valid reasons to withhold the tenant’s deposit(s) as well as the accrued interest, it must be given back to the tenant with a period of not more than 14 days after the end of the tenancy. If a claim is made against the deposit, the landlord must notify the tenant of the claim within 28 days. The government sets the interest rate that the deposit accrues during the period of the tenancy.

A landlord is legally obligated to forward deposits or rent overpayment to the Branch if they cannot return them directly to the tenant for whatever reason. Tenants may then apply to the province for the money they are owed.

Requiring key money is against the law. A landlord cannot require a tenant to pay key money under any circumstances.

Post-dated Cheques

Landlords can ask tenants for post-dated cheques, but tenants are not required to provide them.

Renewal of a Lease

If it is a fixed-term tenancy, the landlord is required to provide the tenant with a renewal of the agreement three months before the term comes to an end. If the landlord does not offer a renewal and the tenant chooses to stay in the unit, the agreement will automatically renew for another fixed-term period.

When an agreement is automatically renewed because a landlord fails to offer a renewal on the lease, the tenant has the right to invalidate the renewal agreement by providing the landlord with notice of one rental payment period.

A tenancy may become month-to-month if the tenant:

• Fails to sign and return a new tenancy agreement or a renewal to the landlord
• Does not move out of the unit; and
• Pays rent, which the landlord takes, after the current tenancy agreement comes to an end

When a fixed-term tenancy turns into a month-to-month tenancy under the above-mentioned circumstances, the landlord is not able to force a tenant to sign another lease or make them agree to another fixed-term. When a lease is renewed, unless agreed to by landlord and tenant, all other conditions of the rental agreement stay the same except for a rent increase.

Terminating a Tenancy (Lease): Notice and Timing

When a landlord offers a tenant a renewal of a fixed-term tenancy, the tenant must sign the renewal and give it back to the landlord at least 2 months before the term is set to end. If the tenant does not do this, the tenancy is considered to be terminated effective the end of the term. Tenants cannot give notice to move during a fixed-term lease, but they can assign or sublet their tenancy agreement to someone else who is approved by the landlord. A landlord can only legally terminate a tenancy for specific and valid reasons that are laid out in the local legislation and cannot do so simply because the tenancy term has expired.

The amount of notice that a tenant is required to give to end a rental agreement depends on whether the agreement is structured as month-to-month or a fixed term. Periodic tenancies demand that there be notice of one full rental payment period to end the tenancy. Tenants on fixed-term agreement are usually required to assign their agreement to someone else if they want to move before the rental agreement has expired. There are some exceptions to this. Please call the Branch office that is closest to you for more information on this subject.

The amount of notice that a landlord has to give a tenant depends on the reason for giving the notice initially, as well as whether the agreement includes a periodic or fixed-term. Landlords must use the prescribed form laid out by the Residential Tenancies Regulation for all Notices of Terminations.

Assignments and Sublets

Tenants have a legal right to assign or sublet their fixed-term tenancy agreement. The landlord has the right to accept the application of the new tenant before it is finalized. Landlords are required to have a valid reason to deny an assignment or sublet request. A landlord can charge the original tenant a one-time administrative fee of up to $75 for assignment or sublet as compensation for the landlord’s expenses related to processing the transaction.

Rent Increases: Notice and Timing

There is an official guideline set for rent increases each year by the province and takes effect on January 1st. Landlords are able to apply to the Residential Tenancies Branch for a larger increase if they are able to prove that the amount stated in the guideline will not cover the cost increases they have incurred. A landlord pays a fee to apply for an above guideline increase. This fee is $150.00 if there are a total of 19 or less units in a complex and $500.00 for complexes that have 20 or more units in them. Rents can be increased just once every 12 months.

A landlord is required to provide a tenant with written notice of a rent increase on a prescribed form at least three months prior to when the increase is set to take effect. The landlord also has to provide the Branch with a copy of the notice. The Branch provides the forms or the landlord can complete it on the website, print a copy out for the tenant and submit all of the information to the Branch via email or the website. A tenant may object to a rent increase and send in their objection to the Residential Tenancies Branch at least two months prior to when the increase is set to go into effect.

Late Rent Payments

A landlord has the right to charge a fee if a tenant does not pay their rent on time. This fee cannot exceed $10.00 for the first day the right is late plus an additional $2 for each day thereafter for a maximum amount of $100 for each rental payment month. The landlord is required to tell the tenant in writing if they intend to charge late fees.

When a landlord wants to terminate a tenancy, they are required to provide the tenant with written notice on the appropriate form. This notice has to state why the tenant is being told to move, when the tenant has to be out by and it has to also be signed by the landlord. If a tenant refuses to move after receiving the notice, the landlords can apply to The Residential Tenancies Branch for an Order of Possession. The landlord has to pay a filing fee of $60.00 for this. There is a hearing held, which is when evidence must be introduced, including the Termination Notice. If an Order of Possession is granted, the order can be enforced by the Sheriff’s office. If the tenant or landlord disagrees with the result of the hearing, they can appeal to the Residential Tenancies Commission and a new hearing date will be set.

Fine Points

Landlord entry.

Landlords are required to provide tenants with at least 24 hours and not more than 2 weeks written notice before they enter their rental property. The Residential Tenancies Branch has set entry hours for landlords between 9 a.m. and 8 p.m. as a reasonable, however, specific items are not included in official legislation. The notice that the landlord gives to the tenant has to state when they plan on entering the premises and the reason for it.

A landlord can enter the rental unit without prior notification in the event of an emergency, but only if the tenant gives the landlord permission to do so. The landlord can also enter the premises without permission if they have given the tenant a notice of termination and need to show the unit to a prospective renter, or if it is the last day of the tenancy and the landlord needs to do a condition report for the unit.

In tenancies that feature tenant services, a landlord is able to enter a unit to provide these services (housekeeping, for example) without giving prior notification. If a landlord has to enter for other reasons, such as a yearly inspection, they will have to follow the proper procedure.

May the tenant withhold rent for repairs?

No. A tenant is required to give the landlord a written list of the repairs that are needed as well as a reasonable period of time to complete all of the work. In the event that the landlord fails to do the repairs, the tenant can reach out to the Branch for help. The Branch may order the landlord to do the necessary repairs. If the landlord fails to comply with this order, the Branch may then collect rent and hire a contractor to do the work that is needed.

If a landlord causes an unreasonable delay in getting the repairs done, the tenant can make a claim to get compensation from the landlord. In order to get their claim approved, the tenant must show that they took the proper steps to notify the landlord of the necessary repairs.

Changing Locks

A tenant is not legally allowed to change the locks on the rental unit without getting prior approval from the landlord. For the tenant’s own protection though, the approval should be in writing. If the landlord requests the tenant for a key, the tenant is required to give them one.

Pets and Smoking

Is a landlord allowed to refuse to rent to a tenant who has pets.

Yes, a landlord is legally allowed to refuse prospective renters if they plan on bringing pets with them. In cases where new management takes over a building and wishes to impose a no pets rule, existing tenants who have pets would be allowed to keep theirs but not replace them.

Can a landlord include a no-smoking clause in the lease?

If there is a no pets and no smoking clause written in the lease and the landlord finds out that the tenant has a pet and/or is smoking in the unit, can the landlord legally evict the tenant.

A landlord has every right to evict a tenant who knowingly violated a no pets policy, but first the landlord must give the tenant a written warning. If the tenant fails to remove the pet, the landlord can give the tenant a breach of tenancy agreement notification. If a pet causes damage to the property or disturbs other tenants, the landlord can also give the tenant a warning followed by a notice to move.

When it comes to smoking, the landlord can give the tenant a warning followed by a notice of termination if they do not stop. The tenant can, however, challenge the landlord’s notice and request the Branch to determine whether or not the landlord’s ruling was reasonable and valid.

Smoking in common areas is against the law, and includes areas like elevators, hallways, recreational facilities and laundry rooms. If a tenant smoked in any of the previously mentioned areas, the landlord has the right to give the tenant a warning followed by a notice for breach of a reasonable rule.

Contact Information

For general information about renting in Manitoba contact:

Manitoba Healthy Living, Seniors and Consumer Affairs Residential Tenancies Branch 302 – 254 Edmonton Street Winnipeg, Manitoba R3C 3Y4 Toll-free: 1-800-782-8403 (within Manitoba) Tel.: 204-945-2476 Fax: 204-945-6273 Email:  [email protected] http://www.manitoba.ca/rtb  (See website for other locations within Manitoba)

Manitoba Government Inquiry : Tel.: 204-945-3744 Fax: 204-945-4261 Toll Free: 1-866-MANITOBA (1-866-626-4862) Telecommunications Device for the Deaf: 204-945-4796 Email:  [email protected]

Related Links

The Residential Tenancies Act http://web2.gov.mb.ca/laws/statutes/ccsm/r119e.php (See residential tenancy contact, above.)

The Life Leases Act http://web2.gov.mb.ca/laws/statutes/ccsm/l130e.php The Residential Tenancies Regulation http://web2.gov.mb.ca/laws/regs/pdf/r119-071.10.pdf

The Residential Tenancies Rent Regulation http://web2.gov.mb.ca/laws/regs/pdf/r119-156.92.pdf

The Residential Tenancies Costs Regulation http://web2.gov.mb.ca/laws/regs/pdf/r119-149.06.pdf

The Residential Tenancies Interest Regulation http://web2.gov.mb.ca/laws/regs/pdf/r119-073.10.pdf

Residential Tenancies Branch The main page provides a basic overview of the branch, their contact information, the services they provide, and links to several forms, documents and services. http://www.manitoba.ca/rtb (See residential tenancy contact, above.)

FAQs Answers to frequently asked questions for both tenants and landlords. http://www.gov.mb.ca/cca/rtb/faqs.html

Residential Tenancies Guidebook This extensive guide is an excellent resource. Unfortunately, the layperson may find it difficult to pull the information they need out of the formal structure that was used; the information comes across in a very technical manner. http://www.gov.mb.ca/fs/cca/rtb/gbook/preintro.html

Forms PDF versions of commonly used forms. http://www.gov.mb.ca/fs/cca/rtb/download.html

Security Deposit Interest Calculation This online tool lets users input the original deposit date, the deposit return date and the deposit amount to calculate the interest owing. http://www.gov.mb.ca/cgi-bin/cca/interest.pl

Life Lease Rental Housing A life lease is "... a form of rental housing which is usually aimed at tenants who are 55+." This section provides information about life leases and the Life Lease Act. http://www.gov.mb.ca/fs/cca/rtb/lifelease/index.html

Rent Status Reports Downloadable forms (Word document and PDF formats are available) that can be submitted to find out if there have been any rent increase discrepancies. http://www.gov.mb.ca/fs/cca/rtb/rsr.html

Orders System Information on this subscription-based system that lists final Orders of various types issued from 1998 onward, which were issued to both landlords and tenants by the Residential Tenancies Branch and Commission. http://www.gov.mb.ca/cca/rtb/rtos/

Resource List Residential Tenancies Branch Fact Sheets can be found here that will answer many questions that tenants may have. http://www.gov.mb.ca/cca/rtb/resource.html

Provincial Services, Manitoba Family Services and Labour This website of the provincial government links renters to the forms needed to apply for RentAid benefits. http://www.gov.mb.ca/jec/eia/RentAid/index.html

Seniors' Guide The Seniors' Guide is a comprehensive guide to services in Manitoba for older adults. It is published by the Manitoba Government each year. http://www.gov.mb.ca/shas/publications/docs/seniors_guide.pdf

Independent Advisor Office The independent tenant advisor offers assistance to qualifying tenants who need help going through the hearing process at the Residential Tenancies Branch. This program is available in Winnipeg and is also available to smaller, independent landlords needing help. http://www.gov.mb.ca/cca/rtb/advisor/lantenadvisor.html

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The Life Leases Act, CCSM c L130

• Versions (6)
• Regulations (2)
• Amendments (5)
• Cited by 
• AI analysis

Current version: in force since May 30, 2023

Rights And Responsibilities Of A Tenant In Manitoba

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Are you a tenant in Manitoba? If so, you’d be well-advised to understand what your rights and responsibilities are. Any number of issues can arise when tenants and landlords don’t hold their end of the bargain with lease agreements.

Let’s take a closer look at what’s expected of tenants in Manitoba, as well as what they can expect from their landlords. 

Responsibilities Of A Tenant In Manitoba

In exchange for a safe and habitable place to rent, tenants have a set of responsibilities they’re expected to uphold:

• Pay rent on time
• Keep their home clean and well-maintained 
• Make any minor repairs for damage caused by themselves or their guests 
• Do not cause a disturbance to others in the complex 
• Do not put others in the building in danger
• Do not participate in criminal activity in the complex 
• Adhere to the terms of the tenancy agreement and The Residential Tenancies Act

What Should Be Included In A Rental Lease?

A rental agreement should be comprehensive and include terms that offer protection to both the landlord and the tenant. The terms should be clearly detailed so that there is no confusion about the rights and responsibilities of all parties involved. 

The following terms should be included in a rental lease in Manitoba: 

• Names of all parties to the agreement, including the landlord and the tenant(s)
• Names of all occupants of the property
• Rental property address
• Tenant’s current address
• Contact information of the landlord and/or property manager
• Emergency contact information for the tenant
• Lease type, such as year-to-year or month-to-month
• Rental amount
• How often rent must be paid
• Whether or not utilities and appliances are included
• Who is responsible for lawn maintenance, snow removal, and garbage removal
• Restrictions, such as no smoking or no pets
• Whether or not a security deposit is required and the amount 
• Landlord and tenant signatures

Do you pay property taxes in Manitoba? Check out the Education Property Tax Credit .

Fees You May Have To Pay As A Tenant In Manitoba

In addition to your tent, there may also be other fees you may have to pay as a tenant in Manitoba, including the following:

• Admin fee. There may be some administrative fees that the landlord may charge to cover miscellaneous costs. Such fees may be charged when the tenant moves out before the lease term is up or if the balance of the rent isn’t paid before the tenant moves out. Landlords may charge up to $75 for admin fees. 
• Assignment or sublet fee . If the rental unit is assigned or sublet to another tenant, a fee of up to $75 may be charged to the original tenant for consenting to the assignment or sublet.
• NSF fee. If the rent cheque “bounces”, the landlord may charge the tenant $60 for the NSF cheque. 
• Late rent payment fee . If rent is paid late, landlords may charge $10 for the first day the rent is late and $2 for each day going forward, up to a $100 maximum. 
• Security deposit. Tenants may be required to pay a security deposit at the start of a tenancy or in the case of an assignment. When the tenancy ends, the security deposit can be used to cover the cost of damage to the unit, extra cleaning required, or unpaid rent. Landlords may charge no more than half of the first month’s rent. 
• Pet damage deposit. If a pet is permitted on the premises and causes damage to the property, a pet damage deposit can be used to cover the cost of repairs. Landlords cannot charge any more than 1 month’s rent as a pet deposit. Only one pet damage deposit can be charged, regardless of how many pets live on the premises. Further, a pet damage deposit does not apply to service animals. 
• Tenant services security deposi t. Landlords may charge a tenant services security deposit to cover the cost of any unpaid tenant services fees or other funds still owed that relate to a tenant service. No more than half of 1 month’s tenant services security deposit can be charged. 

Find out how tenant insurance works .

Rent Increase Limits In Manitoba

The cost of living increases all the time, and as such, landlords may want to increase rent accordingly. But there are rules surrounding how often and how much landlords can increase rent. 

In Manitoba, landlords can only increase rent once every 12 months. The government establishes a specific limit on the amount that rents can be increased every year, referred to as the rent increase guideline . 

The 2021 rent increase guideline was set at 1.6% and took effect on January 1, 2021. For the year 2022, the rent increase guideline is 0%, effective January 1, 2022.

To increase rent, a landlord must provide a minimum of 3 months’ notice to the tenant before the rent is increased. For instance, if the landlord wishes to increase the rent for August 1, notice must be given to the tenant no later than April 30.

The notice must be provided in writing and contain details about how much the rent is now versus how much it will be. It must also specify the date in which the increase will take effect, how much the landlord is permitted to increase the rent, the rent increase guideline, and an explanation that the rent increase is not legal unless the tenant is given 3 months’ notice. 

The landlord is also required to provide written notice of the rent increase to the Residential Tenancies Branch no later than 14 days after informing the tenant. 

Learn more about rent control laws across Canada .

What If You Don’t Agree With The Rent Increase? 

As a tenant, you may not agree to the rent increase that your landlord is requesting. In this case, you can write to the Residential Tenancies Branch explaining why you disagree. The Branch must receive the letter a minimum of 60 days before the rent increase takes effect.

Additional Reading

• How To Spot A Rental Scammer

• Average Rent Payments In Canada (By Major City) 2024

Renting an Apartment With Bad Credit

How to terminate a lease in manitoba.

A lease typically includes a tenancy end date. That means tenants are bound to the tenant agreement until that date, including paying their rent by the due date and maintaining the property in good condition. There are 2 forms of tenancy: 

• Periodic tenancy (ie. month-to-month). Tenants who are on a month-to-month tenancy or other form of periodic tenancy must provide the landlord with at least one full tenancy payment period’s notice. So, a month-to-month tenancy would require at least 1 month’s notice to the landlord of the tenant’s wish to vacate early. 
• Fixed tenancy (ie. year-to-year) . Tenants who are on a year-to-year tenancy or other form of fixed-term tenancy must pay rent up until the end of the term. Landlords must provide tenants with a lease agreement renewal at least 3 months before the contract expires. Tenants who want to move out when the tenancy agreement expires should inform their landlords accordingly. 

Tenants who want to move out early can provide the landlord with written notice to end the lease. The amount of notice required depends on why the notice is being given. While tenants are typically required to adhere to their lease agreements until the term ends, there are some exceptions. The following table outlines these exceptions as well as the amount of notice required:

Manitoba Eviction Rules

An eviction is a legal process that a landlord initiates to remove a tenant from a rental property. Landlords cannot arbitrarily evict tenants in Manitoba. Instead, they must go through the proper channels to legally evict a renter from a rental unit. 

The following are some reasons why a landlord may lawfully evict a tenant.

Non-Payment Eviction  

Tenants who do not pay their rent on time may be evicted from their rental home. Landlords can provide a notice to terminate the tenancy to tenants who do not pay their rent within 3 days after the rent is due.

The notice must be in writing and signed by the landlord. It must also include the following:

• Total rent owed
• Reason the tenant is being asked to vacate
• Date the tenant must move out
• Address where the tenant lives
• Information about how the tenant can dispute the notice
• Information about how the tenant may not have to vacate if the tenant pays the total amount owed, unless the landlord informs the tenant that the notice is still in effect 

If The Property Is For Sale  

If a landlord sells the rental property , they may provide their tenants with written notice to terminate the tenancy if the buyer or their children, parents, or spouse is moving into the property. 

The landlord selling the property will have to give the tenant written notice that the lease agreement will end. Further, the sale must be final, which means all conditions will either have to be already met or waived.

The amount of notice required depends on the type of lease:

• Month-to-month tenancy: 3 months’ notice if the vacancy rate in the area is less than 3%.
• Fixed-term tenancy: 3 months’ notice.

For Landlord’s Own Use, Demolition, Renovation Or Change of Use  

Landlords can ask a tenant to vacate the premises with written notice to end the lease if the landlord wants to do any of the following:

• Move into the unit (or allow a spouse, child, or parents to move in) 
• Tear the property down within 6 months of the notice
• Renovate the property and have the tenant move out while the work is being done
• Convert the property to be used for something else (such as retail or industrial space) within 6 months of the notice 

The amount of notice required depends on the vacancy rate in the area according to the Canada Mortgage and Housing Corporation (CMHC), which publishes an annual report every October showing up-to-date vacancy rates. 

Can your landlord say no to overnight guests? Find out here .

Other Reasons  

Landlords may also choose to evict if the tenant is doing any of the following: 

• Not keeping the rental property reasonably clean
• Damaging the rental unit or complex 
• Disturbing other residents in the complex
• Participating in illegal activity in the complex 
• Threatening the safety of others in the complex
• Allowing too many people live in the unit 
• In breach of the lease terms 

If any one of these situations apply, the landlord may have grounds to evict. The tenant will require a written warning informing them that they must rectify the issue within a reasonable amount of time. If the problem is not corrected, the landlord can give the tenant written notice of termination at least 1 full rental payment period beforehand.

Tenant rights and responsibilities across Canada

• Tenant rights in British Columbia
• Tenant rights in Alberta
• Tenant rights in Saskatchewan
• Tenant rights in Manitoba
• Tenant rights in Ontario
• Tenant rights in Quebec
• Tenant rights in New Brunswick
• Tenant rights in Nova Scotia
• Tenant rights in Prince Edward Island
• Tenant rights in Newfoundland and Labrador

Manitoba Tenant FAQs

Do i need to do a condition inspection report in manitoba, can i refuse to pay rent if my landlord refuses to repair something i asked for, can a landlord say no to pets in manitoba, final thoughts.

Both tenants and landlords in Manitoba have their own set of rights and responsibilities when it comes to rental properties in the province. Be sure to get familiar with what these are and adhere to the terms of your lease to avoid issues. 

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BROWSE MORE: RIGHTS

Rights and responsibilities of a tenant in newfoundland and labrador, rights and responsibilities of a tenant in new brunswick, rights and responsibilities of a tenant in pei, rights and responsibilities of a tenant in nova scotia, rights and responsibilities of a tenant in british columbia, rights and responsibilities of a tenant in saskatchewan.

• Rights And Responsibilities Of A Tenant In Quebec
• Rights And Responsibilities Of A Tenant In Alberta

Lisa Rennie

Lisa has been working as a personal finance writer for more than a decade, creating unique content that helps to educate Canadian consumers in the realms of real estate, mortgages, investing and financial health. For years, she held her real estate license in Toronto, Ontario before giving it up to pursue writing within this realm and related niches. Lisa is very serious about smart money management and helping others do the same.

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Getting Out of a Lease: Breaking a Lease in Winnipeg

When a tenant signs a lease, they usually intend to stay in the unit until the lease ends. Nonetheless, life is unpredictable, and a tenant may decide that their best course of action is getting out of a lease.

If this happens, you may have a variety of questions, such as:

• Can leases be broken?
• Can a tenant end a lease early?
• What can a landlord do if a tenant breaks lease?

Common reasons for getting out of a lease in Winnipeg include:

• If the unit becomes unbearable to live in once a service has been withdrawn
• If the landlord increases the rent above the guideline
• In case the Branch approves the landlord’s application to make major improvements to the property

What is a lease agreement?

A lease agreement , also known as a Manitoba rental agreement or a Manitoba tenancy agreement, is a contractual agreement between a landlord and a tenant. It sets out both parties’ rights and responsibilities. It can be in writing, oral or even implied and should comply with Manitoba landlord and tenant laws .

Two types of Manitoba tenancy agreements exist in Winnipeg: a periodic tenancy and a fixed-term tenancy. A periodic tenancy is short-term, and usually runs either week-to-week or month-month. The payment period starts on the day rent becomes due, and ends the day when rent is next due.

What reasons can allow a tenant to break a fixed-term lease?

Reason #1: the landlord withdraws an important service..

Suppose you provide an elevator as a service. If you stop providing that service and there is a tenant that can’t use the stairs, the tenant may be able to break the lease. The tenant may apply to the Residential Tenancy Branch, Winnipeg, citing the unit’s uninhabitability.

Reason #2: Tenant is a member of the Canadian Forces.

A tenant may also be able to break a lease early if they have received change of station orders. Specifically, the new location should be at least 50 kilometers away from the rental unit.

If the tenant receives the notice of the posting at least 3 months beforehand, they must give you a notice of 3 rental payment periods. And if the notice is less than 3 months, then they can give you a notice of just 1 rental payment period.

To confirm the orders, you can request the tenant to serve you the official copies.

Reason #3: Tenant is unable to live independently.

Has the tenant become unable to live on their own? Or have they been accepted into a personal care home? In either case, the Tenancy Board, Winnipeg will allow the tenant to break their lease early.

In any case, the tenant is required to serve the landlord with a notice of lease termination of at least one rental payment period.

Being a landlord in Manitoba, you can require the tenant to provide you some form of proof. For example, a copy from their doctor confirming that they can no longer live on their own.

Reason #4: Tenant’s health is deteriorating.

A Winnipeg tenant may also be able to break a lease early if their health starts to deteriorate. This is especially true if the health issue is somewhat permanent.

In this case, the tenant would need to serve you a termination notice of at least 1 rental payment period. Also, the tenant must give you copies from a doctor confirming their changing health status.

Reason #5: Tenant is a victim of domestic violence or stalking.

If a tenant fears for their safety or that of their children, they may be able to end their tenancy early. According to the Residential Tenancies Act Manitoba, and renters rights Manitoba , the tenant must serve the landlord a termination notice of at least one rental payment period.

Additionally, the tenant must provide the landlord with proof confirming that indeed their safety is on the line. The designated authority tasked with the responsibility of confirming such a ground for lease termination is the Victim Services of Manitoba Justice.

Reason #6: Tenant is unable to pay rent (due to health issues).

If a tenant can no longer afford rent due to health issues, they must serve the landlord with at least a one rental payment notice to move out. What’s more, they must also provide a certificate from the doctor confirming their health is deteriorating.

Reason #7: You are looking to make significant improvements to the property.

Reason #8: You’re looking to hike the rent above the guideline.

If your application to raise rent has been approved by the Residential Tenancies Winnipeg Branch, your tenant can break their fixed-term lease. They can do so by serving you a termination notice of at least 2 repayment periods.

The tenant can serve you the notice of termination at any time from the date they received notice of your intention to apply for rent hike, up until fourteen days after receiving the RTB’S decision on your application.

Reason #9: Failure by the landlord to perform crucial responsibilities.

According to the Residential Tenancies Act Manitoba, a landlord is responsible for maintaining a rental premises in a habitable state. In other words, a landlord must provide a unit that complies with all Winnipeg safety, health and building codes.

Failure to do so can result in your tenant serving you a termination notice of at least one rental payment period. Prior to that, however, the tenant must provide you a written notice on the maintenance issue. They must also allow you reasonable time to carry out the repairs.

In addition to breaking the lease, the tenant may also report you to the local authorities, like the RTB Winnipeg, for further action.

Still have a question that you felt was left unanswered? If so, Pillar Property Management can help. Pillar Property Management is a proven and trusted property management company that has been operating in Winnipeg since 2005.

Disclaimer: This guide is only meant to offer a simplified explanation of some key aspects of renting in Winnipeg. For further reading, please check the Residential Tenancies Branch’s page here .

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