Manitoba landlords soon will see some changes to the Residential Tenancies Act.
These changes include a clarification that landlords are required to use prescribed forms when terminating tenancies to ensure that tenants receive important information about their rights.
The Director of Residential Tenancies and the Residential Tenancies Commission will have the power to waive filing fees in certain situations.
Authority is also given to make regulations setting out circumstances when late payment fees cannot be charged.
Tenants who wish to object to a rent increase that is at or below the guideline increase will be required to identify a reason why the increase is not justified.
Provisions are added regarding increases or decreases in tenant services charges when there is a change in the number of people occupying a rental unit. A related provision allows for an increase in a tenant services security deposit when a tenant services charge is increased because of an additional occupant.
Landlords who plan to do extensive renovations or a rehabilitation must provide tenants with an estimate of the rent that will be charged following the renovations or rehabilitation. The landlord may be required to compensate the tenant for moving and other expenses, if the estimated rent is unreasonable and causes the tenant to move or discourages the tenant from exercising a right of first refusal.
New provisions will be added clarifying the rights and obligations of a tenant and landlord when the landlord wishes to terminate, during the school year, the tenancy of a tenant with a school-aged child. The school year is defined as the period from September 1 of one year until June 30 of the following year. If notice to terminate a tenancy is given to a tenant who resides with a child who is attending a school reasonably accessible to the unit, the landlord may not require the tenant to vacate the unit until the end of the school year. While the tenant remains in the rental unit, the terms of the tenancy agreement continue to apply, except for any allowable rent increase or tenant services charge increase.
The legislation was introduced May 14, 2012, and has passed a second reading. It now will go to a Standing Committee for examination. The effective date of the changes has not yet been determined.
Part 2 of the recent amendment to the Residential Rent Regulation, mainly governing rent increases after property renovations, is scheduled to go into effect June 1, 2012.
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Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.