New Rules Now In Effect for Manitoba Landlords

by Chris on July 2, 2012

Many of the proposed changes to Manitoba’s Residential Tenancies Act received Royal Assent on June 14, 2012, and are now in effect.

Manitoba landlords are subject to the following changes:

Landlords must use prescribed forms when terminating tenancies.  These forms can be found on the Residential Tenancies Branch website.

Landlords may ask for an increase in a tenant services security deposit if a tenant services charge is increased because of an additional occupant. If a tenant does notpay the increase, the landlord may give the tenant notice to move out.

For tenancies that include tenant services (ex. meals, light housekeeping,
transportation), the tenant services charge (the amount tenants pay for the package of services) may be increased or decreased when there is a change in the number of people occupying a rental unit. (Note: The amount the tenants pay for rent on the unit does not change if an extra person moves into or out of a unit.)

Deposits may not be garnisheed (claimed by someone other than a landlord or tenant).

A landlord can give a tenant notice to move if the tenant gets a pet with the landlord’s permission, but refuses to pay a pet damage deposit after the landlord asks for one.

Landlords may give a tenant notice to move if the landlord plans to convert a rental unit to a non-residential use (ex. a commercial business) within six months.
 
The process of applying to have the value of a reduced or withdrawn service determined can be used only for services that are being permanently reduced or withdrawn.

The Residential Tenancies Branch and the Residential Tenancies Commission cannot give people copies of certain material that is received for rent increase applications.
 

Other provisions in The Residential Tenancies Amendment Act will take effect at a later date once the necessary regulations have been completed. These provisions include:

Requiring landlords to tell tenants what rent will be charged after renovations or rehabilitations are done.

Clarifying how much notice a landlord is required to give when terminating a tenancy for the landlord’s own use and setting out what happens when the tenant has children attending a school close to the rental unit.

Asking tenants to identify a reason when objecting to a rent increase that is equal to or less than the annual rent increase guideline.

Authorizing the creation of regulations regarding the waiver of filing fees in certain situations and the circumstances when late payment fees cannot be charged.

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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.

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