Residential Tenancies Regulation

Residential Tenancies Regulation, M.R. 71/2010 The Residential Tenancies Act , C.C.S.M. c. R119 Regulation 71/2010 Registered June 24, 2010 bilingual version (HTML) Table of Contents Section PART 1 GENERAL PROVISIONS 1 Definitions 2 Prescribed forms 3 Form for application for determination PART 2 DEPOSITS 4 Information to be provided to director 5 Records to be kept re deposits 6 Security for payment of deposits 7 Bonds 8 Forfeiture and realization of security PART 3 ADMINISTRATIVE PENALTIES 9 Penalties for contraventions of Act 10 Penalty for contravention of director's order PART 4 NOTICE OF TERMINATION BY LANDLORD — LANDLORD'S USE OF PROPERTY 11 Definitions 12 Notice period — termination because of sale 13 Notice periods — termination by landlord for owner occupancy, demolition, renovation or change of use 14 If notice of termination is withdrawn PART 4.1 TENANT SERVICES 14.1 Repealed 14.2 Tenant representations to landlord re tenant services 14.3 Cash management services 14.4 Notice period for withdrawing or reducing a service PART 5 MISCELLANEOUS PROVISIONS 15 Notice of hearing 16 Single commissioner hearings — appeals from certain orders 16.1 Leave to appeal required — certain director's orders 17 Landlord's liability for moving expenses 18 Charge for consent to assign or sublet 19 Administration fee 20 Late payment fees 21 N.S.F. charges 22 Costs re notice of termination 22.1 Tenants' associations 22.2 Notice period for early termination by member of Canadian Forces and other armed forces PART 6 FILING AND ADMINISTRATION FEES 23 Filing fees payable to director 24 Filing fees payable to commission 24.1 Exemptions from filing fees 24.2 No fee for appeal if leave granted 25 Fees for accessing orders 26 Administration fees PART 7 REPEAL AND COMING INTO FORCE 27 Repeal 28 Coming into force Schedule Forms --> PART 1 GENERAL PROVISIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Residential Tenancies Act . («  Loi  ») "interest" means the interest payable to a tenant on a deposit calculated at the rate prescribed in the Residential Tenancies Interest Regulation , Manitoba Regulation 73/2010. (« intérêt ») M.R. 115/2025 Prescribed forms 2(1) The forms set out in the Schedule are prescribed for use under the Act. 2(2) A prescribed form that is filed with the director or the commission shall contain all the information required to complete the form. Form of application for determination 3 The director may require that an application under subsection 152(1.1) of the Act be made in a form approved by the director. PART 2 DEPOSITS Information to be provided to director 4 A landlord who remits a deposit to the director under clause 30(1)⁠(b) of the Act must provide the following information to the director: (a) the name of the tenant who paid the deposit and the date it was paid; (b) the address of the rental unit for which the deposit was paid; (c) the type of deposit it is; (d) the original amount of the deposit. Records to be kept re deposits 5(1) A landlord who holds a deposit must keep records that include the following information: (a) the name of the tenant who paid the deposit and date it was paid; (b) the address of the rental unit for which the deposit was paid; (c) the original amount of the deposit; (d) a copy of the receipt required to be given to the tenant under (i) paragraph 4 of section 29 of the Act with respect to a security deposit, (ii) paragraph 4 of subsection 29.1(4) of the Act with respect to a pet damage deposit, and (iii) paragraph 4 of subsection 29.4 of the Act with respect to a tenant services security deposit. 5(2) A landlord who holds a deposit must keep records respecting the disposition of the deposit and interest that include: (a) any agreement with the tenant as to the disposition of the deposit and interest; (b) cancelled cheques. 5(3) A landlord must keep the records referred to in this section for not less than two years after the termination of the tenancy to which the records relate. M.R. 55/2011 Security for payment of deposits 6 A bond, financial instrument or other security provided to the director under subsection 30(2) of the Act for the payment of deposits and interest must be (a) in an amount sufficient to meet the obligations of the landlord with respect to all deposits paid to the landlord and interest; and (b) in a form and on conditions satisfactory to the director. Bonds 7(1) Every bond provided to the director is construed as being a penal bond, notwithstanding that the government has not suffered any loss or damages. 7(2) If a bond is provided as security, it must provide that it cannot be cancelled without four months' prior written notice to the director of intention to cancel. 7(3) Where a bond is forfeited under section 8, the amount due and owing as a debt to the government by the surety company is determined as if the government suffered such loss or damages as would entitle the government to be indemnified to the maximum amount of liability under the bond. Forfeiture and realization of security 8(1) Subject to subsection (2), a bond, financial instrument or other security provided by a landlord is forfeited, in whole or in part, upon the demand of the director where (a) the landlord makes an assignment, or a receiving order is made against the landlord, under the Bankruptcy and Insolvency Act (Canada); (b) the landlord commits an act of bankruptcy, whether or not proceedings have been taken under the Bankruptcy and Insolvency Act (Canada); (c) the landlord's property is destroyed, condemned or otherwise uninhabitable and the landlord fails, refuses or neglects to comply with the obligations of the landlord under the Act respecting payment of deposits or interest; (d) the director has made an order against the landlord under subsection 154(1) of the Act respecting deposits or interest, and (i) the landlord has not complied with the order, and (ii) the period for appealing the order has expired or the order has been confirmed on appeal; or (e) the landlord for any reason fails, refuses or neglects to comply with the landlord's obligations under the Act respecting payment of deposits or interest. 8(2) Before realizing upon a bond, financial instrument or other security which is forfeited under subsection (1), the director must be satisfied that other administrative procedures available to the director to ensure that the obligations of the landlord with respect to deposits and interest are met are not reasonable or appropriate in the circumstances. 8(3) Where a bond, financial instrument or other security is forfeited, the director (a) may take all steps necessary to realize upon the bond, financial instrument or other security in whole or in part; (b) must realize upon the bond, financial instrument or other security only to the extent necessary to meet the requirements of subsection (4); and (c) must calculate the amount to be realized in increments of $5,000. 8(4) The director must apply the proceeds of a bond, financial instrument or other security realized under this section as follows: 1. Firstly, in payment of deposits and interest payable to tenants of the landlord. 2. Secondly, for payment by the director of an amount sufficient to cover deposits and interest accruing but not yet payable to tenants. 8(5) If the proceeds of a bond, financial instrument or other security realized under this section exceed the amounts required for the purposes of subsection (4), the director must pay the excess amount to the person legally entitled to it. 8(6) Where a bond, financial instrument or other security has been realized in part, the total liability of the surety is reduced to that extent only and the director may realize upon the remainder of the bond or security in accordance with this section. PART 3 ADMINISTRATIVE PENALTIES Penalties for contraventions of Act 9(1) In addition to the contraventions specified in subsection 193.1(1) of the Act, the director may issue a notice of administrative penalty for the following: (a) a failure to comply with an order made under section 154 of the Act ordering a landlord to return a deposit and interest to a tenant; (b) a failure to comply with an order made under section 154 of the Act requiring a landlord to perform the obligation to repair as set out in subsection 59(1) of the Act; (c) a contravention of section 14.3 (cash management services) of this regulation; (d) a contravention of paragraph 1 of section 29, subsection 29.1(4) or section 29.4 of the Act (maximum deposit); (e) a contravention of subsection 99(8) of the Act (right of first refusal); (f) a contravention of section 68 of the Act (rent or tenant services charge increase with intent to evict). 9(2) The amount of an administrative penalty is as follows: (a) first administrative penalty Penalty for contravention of director's order 10 The amount of an administrative penalty issued under Part 12.1 for failure to comply with an order made under section 154 with respect to a provision specified in the Act or The Life Leases Act is as follows: (a) first administrative penalty PART 4 NOTICE OF TERMINATION BY LANDLORD — LANDLORD'S USE OF PROPERTY Definitions 11 The following definitions apply in this Part. "CA" means a census agglomeration area as defined in the Rental Market Report . (« AR ») "CMA" means a census metropolitan area as defined in the Rental Market Report . (« RMR ») "Rental Market Report" means the Rental Market Report (Manitoba Highlights) published by Canada Mortgage and Housing Corporation. («  Rapport sur le marché locatif  ») "vacancy rate" means (a) for Winnipeg CMA, Brandon CA, Portage la Prairie CA, City of Steinbach or Thompson CA, the average private apartment vacancy rate for all bedroom types, for the specified centre, as set out in the most recent fall issue of the Rental Market Report ; and (b) for an area located outside the centres referred to in clause (a), the Manitoba average private apartment vacancy rate for Manitoba centres with a population of 10,000 or more, as set out in the most recent fall issue of the Rental Market Report . (« taux d'inoccupation ») Notice periods — termination because of sale 12 With respect to a notice of termination under clause 98(1)⁠(a) of the Act, the landlord must give the tenant a period of notice, in accordance with the type of tenancy agreement and the vacancy rate where the rental unit is located, as follows: Type of Tenancy Agreement Vacancy Rate Period of Notice Required The tenancy agreement does not specify a date for it to end 3% or higher 1 month's notice The tenancy agreement does not specify a date for it to end Less than 3% 3 months' notice The tenancy agreement specifies a date for it to end Not applicable 3 months' notice Notice periods — termination by landlord for owner occupancy, demolition, renovation or change of use 13 With respect to a notice of termination under clause 98(1)⁠(b) or subsection 99(1) of the Act the landlord must give the tenant the period of notice based on the applicable vacancy rate where the rental unit is located, as follows: Vacancy Rate Period of Notice Required Less than 2% 5 months' notice From 2% to 2.9% 4 months' notice 3% or higher 3 months' notice If notice of termination is withdrawn 14 A landlord who terminates a tenancy under clause 98(1)⁠(b) or subsection 99(1) of the Act and withdraws the notice of termination must not terminate the tenancy under the applicable provision for a period of 12 months from the date the notice is withdrawn. M.R. 171/2012 PART 4.1 TENANT SERVICES 14.1 [Repealed] M.R. 55/2011 ; 171/2012 Tenant Representations to Landlord Tenant representations to landlord re tenant services 14.2 For tenants who have tenancy agreements that include the provision of tenant services, a landlord must do the following: (a) develop a process for resolving complaints from the tenants about (i) the operation of the residential complex, and (ii) the provision of tenant services; (b) ensure that the tenants are aware of the landlord's process for resolving complaints; (c) provide the tenants with an opportunity to make representations to the landlord respecting the operation of the residential complex and the provision of tenant services in one or more of the following ways: (i) by holding annual or semi-annual meetings, (ii) by holding annual or semi-annual open houses, (iii) by providing an on-site representative who has regular office hours, (iv) by providing a drop box for delivering written comments, (v) by providing any other way for the tenants to make representations that is satisfactory to the landlord and the tenants; (d) on the request of a majority of the tenants, hold a meeting about the operation of the residential complex and the provision of tenant services. M.R. 55/2011 Cash Management Services Cash management services 14.3(1) A landlord may offer a cash management service as a tenant service for the purpose of administering tenants' money, but a landlord must not require a tenant to deposit money with the landlord and use the service. 14.3(2) A landlord who offers a cash management service must not hold more than $400 in trust for a tenant at any time. 14.3(3) A landlord who offers a cash management service must do the following: (a) establish a written policy with respect to the cash management service, including information about (i) the money that a tenant may deposit with the landlord or withdraw, and (ii) whether interest is payable on the money held for the tenant in trust; (b) establish a trust account in the name of the landlord at a bank, credit union or other financial institution into which the landlord must deposit all money entrusted to the landlord by tenants; (c) have a tenant who requests a cash management service sign an agreement recognizing the policy of the landlord with respect to the cash management service and give the tenant a copy of the policy; (d) maintain a separate record of each tenant's money within the trust account showing, for each tenant, (i) all deposits and withdrawals, (ii) the date of each deposit and withdrawal, and (iii) if interest is payable on the money, details about the interest earned; (e) make all or part of the money a tenant has in the trust account available to the tenant without charging a transaction fee, upon the tenant providing the landlord with a written receipt; (f) provide a tenant with a written receipt for all money deposited with the landlord; (g) provide a tenant with an annual statement showing the deposits and withdrawals made by the tenant and the interest earned, if any, for the previous 12-month period; (h) return the balance of a tenant's money to the tenant without charge and provide a final accounting of the tenant's money within 10 days after (i) receiving a written request from a tenant, or (ii) the end of a tenancy; (i) maintain in proper order all documentation pertaining to the tenant's deposits and withdrawals, and the interest paid, if any, for a period of at least seven years after the tenancy is terminated by the tenant or the landlord. M.R. 55/2011 Notice Period for Withdrawal or Reduction of Tenant Services Notice period for withdrawing or reducing a service 14.4 For the purpose of subsection 140.6(2) of the Act, the period of notice a landlord is required to give a tenant to reduce or withdraw any tenant services shall be not less than three months before the effective date of the reduction or withdrawal. M.R. 55/2011 PART 5 MISCELLANEOUS PROVISIONS Notice of Hearing Notice of hearing 15(1) A person who files a claim or application for an order of possession must give a copy of the claim or application to the other party, in accordance with subsection 184(1) of the Act, no later than five days before the hearing date. Shorter notice period 15(2) In exceptional circumstances, the director may permit a landlord to give a tenant less than five days' notice of a hearing for an order of possession. Single Commissioner Hearings Single commissioner hearings — appeals from certain orders 16 In addition to the matters set out in subsection 147(2) of the Act, the chief commissioner or a deputy chief commissioner when sitting as a single commissioner, may hear the following appeals: (a) an appeal from an order made under paragraph 9 of subsection 154(1) of the Act when the payment of rent or a tenant services charge is habitually late; (b) an appeal from an order made under paragraph 9 of subsection 154(1) of the Act when an order of possession is not granted; (c) an appeal from an order made under paragraph 2 of subsection 154(1) of the Act, ordering the payment of money to a landlord when that order is made at the same time as an order under paragraph 9 of subsection 154(1); (d) an appeal from an order made under paragraph 9.1 of subsection 154(1) of the Act requiring a person against whom an order of possession has been made to compensate the landlord for the landlord's reasonable costs incurred in obtaining and enforcing a writ of possession; (e) an appeal from an order made under paragraph 3 of subsection 154(1) of the Act requiring a landlord to comply with an obligation under section 58 of the Act (maintain appearance) or section 59 of the Act (repair); (f) an appeal from an order made under paragraph 5 of subsection 154(1) of the Act; (g) an appeal from an order under subsection 125(1) of the Act (setting maximum rent increase). M.R. 55/2011 ; 68/2018 Leave to appeal required — certain director's orders 16.1(1) In addition to the order referred to in clause 160.2(1)⁠(a) of the Act, a person who did not attend or otherwise participate in the hearing before the director may not appeal an order made under paragraph 2 of subsection 154(1) of the Act, ordering the payment of money to a landlord when that order is made at the same time as an order under paragraph 9 of subsection 154(1), unless the commission, on application, grants the person leave to appeal the order. Time for filing leave application and notice of appeal 16.1(2) A person must file the application for leave to appeal referred to in subsection (1), together with the notice of appeal, within 14 days after the person receives (a) a copy of the director's order to be appealed; or (b) a copy of the corrected director's order, if the order is corrected or amended under section 160.1 of the Act; or within such further time as the commission permits. M.R. 68/2018 Compensation for Moving Expenses Landlord's liability for moving expenses 17 The maximum amount for moving expenses that a landlord is liable to pay a tenant under the Act is $500, and may include the following actual costs: (a) vehicle rentals; (b) utility connections; (c) service connections; (d) change of address costs; (e) other reasonable expenses. Fees Chargeable by Landlords Charge for consent to assign or sublet 18 For the purpose of subsection 43(2) of the Act, a landlord's reasonable expenses for giving consent to assign or sublet must not be more than $75. Administration fee 19 For the purpose of subsection 82(2) of the Act, the administration fee a landlord may require a tenant to pay for abandoning a rental unit before the termination date of a tenancy agreement must not be more than $75. Late payment fees 20(1) A landlord who intends to require a tenant to pay a late payment fee, as referred to in subsection 69(4) of the Act, must advise the tenant in writing of his or her intention before charging the fee. 20(1.1) A landlord must not charge a tenant a late payment fee in the following circumstances: (a) the late payment is caused by an interruption in mail service or another circumstance beyond the tenant's control and no responsibility for the payment being late is attributable to the tenant; (b) the tenant's rent or tenant services charge is paid by a government or government agency, and (i) the government or government agency is responsible for the payment being late, and (ii) no responsibility for the payment being late is attributable to the tenant. M.R. 171/2012 20(2) A landlord may charge a late payment fee of (a) up to $10 for the day the rent or tenant services charge is due; and (b) up to $2 for each day after the due date that the rent or tenant services charge is late, in any number of rental payment periods, provided they are consecutive rental payment periods; to a maximum late payment fee of $100. 20(3) A landlord must not charge more than the fee allowed under subsection (2), regardless of whether the amount owing is rent, a tenant services charge, or both. M.R. 55/2011 ; 149/2011 N.S.F. charges 21 Where a tenant pays rent or a tenant services charge or gives a deposit in the form of a cheque or other negotiable instrument that is not honoured, the costs that a landlord may charge the tenant must not be more than $60. M.R. 55/2011 ; 149/2011 Costs re notice of termination 22 For the purpose of clause 95.1(2)⁠(c) of the Act, the costs that the landlord may charge the tenant must not be more than the total of (a) the late payment fees calculated in accordance with section 20; (b) $60 where payment was given in the form of a cheque or other negotiable instrument that was not honoured; and (c) any fee paid by the landlord for an application for an order of possession. M.R. 149/2011 Tenants' associations 22.1 A landlord must not (a) prevent the formation of a tenants' association; (b) prevent a tenants' association from meeting in the common areas of the residential complex; or (c) impose unreasonable conditions regarding the operation of a tenants' association. M.R. 55/2011 Notice period for early termination by member of Canadian Forces and other armed forces 22.2 For the purposes of clause 92.1(3)⁠(a) of the Act, the prescribed period of notice for termination of a tenancy under subsection 92.1(2) of the Act is (a) three rental payment periods if the Canadian Forces member or member of the armed forces of another country is informed of a change in his or her posting three months or more before the change; or (b) one rental payment period if the member is informed of a change in his or her posting less than three months before the change. M.R. 149/2011 PART 6 FILING AND ADMINISTRATION FEES Filing fees payable to director 23 The following fees are payable to the director for filing documents: (a) claim for compensation that is not related to a deposit Filing fees payable to commission 24 The following fees are payable to the commission for filing documents: (a) notice of appeal to the commission from a decision or order about a claim for compensation that is not related to a deposit Exemptions from filing fees 24.1 No fees are payable under section 23 or 24 by a person who provides confirmation satisfactory to the director or commission, as the case may be, that he or she (a) receives income assistance under The Manitoba Assistance Act ; or (b) receives a guaranteed income supplement under the Old Age Security Act (Canada). M.R. 171/2012 ; 115/2025 No fee for appeal if leave granted 24.2 No fee is payable to file a notice of appeal under section 160.2 of the Act if leave to appeal is granted. M.R. 191/2014 Fees for accessing orders 25(1) Subject to subsection (2), the following fees are payable to the director: (a) for an annual subscription for electronic access to orders, reasons for decisions and notices of administrative penalties of the director or the commission 25(2) No fee is payable under clause (1)⁠(a) or (b) by a registered charity as defined in subsection 248(1) of the Income Tax Act (Canada). 25(3) Subsection (1) does not entitle a person to access, search or obtain a copy or printout of any order, reasons for decision or notice of administrative penalty of the director or the commission that has been stayed or appealed. M.R. 68/2018 Administration fees 26(1) For the purpose of subsection 179.1(1) of the Act, the director may charge a landlord the following administration fees, for each rental payment period that an order is in effect: (a) $200 for each residential complex in respect of which an order is made; (b) $10 for each rental unit to which an order is directed. 26(2) When (a) an order referred to in subsection (1) relates to a contravention of an obligation under section 58 of the Act (maintain appearance) or section 59 of the Act (repair); and (b) the director performs the obligation; the director may charge the landlord, in addition to the fees provided for under subsection (1), an administration fee of 10% of the cost of the maintenance or repair or $250, whichever is greater. 26(3) When an order referred to in subsection (1) relates to a contravention of subsection 60(1) of the Act respecting the supply of a vital service, including heat, gas, electricity, hot and cold water, the director may charge the fees provided for under subsection (1). 26(4) When the director holds a deposit (a) remitted by a landlord under clause 30(1)⁠(b) of the Act; or (b) paid to the director in accordance with an order under paragraph 11 of subsection 154(1) of the Act; the director may charge the landlord an annual administration fee of $25 for each residential complex in respect of which a deposit is held plus $5 for each deposit held. 26(5) The director may deduct any charge made under this section from money to which the landlord is entitled that is in the possession or control of the director. M.R. 149/2011 ; 68/2018 ; 103/2019 PART 7 REPEAL AND COMING INTO FORCE Repeal 27 The Residential Tenancies Regulation , Manitoba Regulation 157/92, is repealed. Coming into force 28 This regulation comes into force on June 30, 2010. SCHEDULE (Subsection 2(1)) The forms in this Schedule are prescribed for use in accordance with the provisions of the Act set out opposite the title of the form. Form Number Title of Form Reference in Act 1 Standard Residential Tenancy Agreement 7(2) 1.1 Standard Residential Tenancy Agreement (For tenancies that include tenant services) 7(2) 2 Standard Residential Tenancy Agreement (Mobile Homes and Sites) 7(2) 3 Assignment or Subletting of Tenancy Agreement 43(3) 4 Renewal of Tenancy Agreement 21(1) 5 Rental Unit Condition Report 39(3) 6 Notice to Tenant — Change of Landlord 51(1) 7 Notice of Termination by Tenant 84 8 Notice of Termination by Landlord for Non-Payment of Rent (For all residential tenancies, other than tenancies that include tenant services or tenancies respecting a mobile home, mobile home site or both) 95.1(2) 8.1 Notice of Termination by Landlord for Non-Payment of Rent or Tenant Services Charge (For residential tenancies that include tenant services) 95.1(2) 9 Notice of Termination by Landlord for Non-Payment (For tenancies of a mobile home, mobile home site or both) 1(1.6), 95.1(2) 10 Notice of Termination by Landlord (For cause other than non-payment of rent or tenant services charge) 84 11A Notice of Termination by Landlord (Purchaser or landlord intends to move into rental unit) 98 11B Notice of Termination by Landlord (For demolition or conversion) 99 11C Notice of Termination by Landlord (For extensive renovations) 99 12 Inventory of Tenant's Abandoned Property 106(2) 13 Accounting of Sale of Abandoned Property 107(2)⁠(b) 14 Notice to New Tenant — Where Tenant Services are Provided 140.2 15 Notice of Tenant Services Charge Increase 140.3(4) 16 Notice to Tenant — Reduction or Withdrawal of Tenant Services 140.6(1) 17 Application to Fix Value of Reduction or Withdrawal of Tenant Services Before End of Fixed-Term Tenancy Agreement 140.6(3)