Tenants Rights in Manitoba
Manitoba residential tenants are awarded specific rights under the Manitoba Residential Tenancies Act. This act focuses on all residential tenancies other than mobile home and condo owners. The Residential Tenancies Branch of Manitoba is responsible for enforcing the rules and regulations protecting tenant rights.
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Right to Privacy
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A Manitoba tenant has a right to privacy in his home, and a landlord is not permitted to enter the property any time he wishes. Instead, the tenant has a right to receive a 24-hour to two-week notice of the landlord's intent to enter the property. The Residential Tenancies Branch defines the hours of 9 a.m. to 8 p.m. to be reasonable entry hours, but hours are not specifically regulated in the Residential Tenancies Act. The notice includes the requested date of entry and reason for entry.
There are conditions where a tenant does not have the right to advance notice: during emergencies, to show the unit after termination of tenancy or during the last day of tenancy for inspection.
Security Deposit
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Manitoba restricts the amount of a security deposit to 50 precent of the first month's rent. The security deposit covers damage beyond expected wear and tear on the apartment. A Manitoba tenant receives the security deposit plus interest within 14 days of ending the tenancy if the security deposit does not need to cover any problems in the apartment. A tenant receives notice of repairs and any remaining security deposit amount within 28 days if repairs need to be made.
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Repairs
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Tenants have the right to a home that is safe, secure and convenient. If a residential unit does not comply with local health, housing and building laws, it is the landlord's responsibility to restore the home to a livable condition. A tenant provides the landlord with a list of repairs, as well as giving reasonable time to make the repairs. The tenant has the right to contact the Residential Tenancies Branch to force a landlord to make repairs after the given time frame has passed. A tenant can make a court claim for compensation for repairs.
Lease Termination and Assignment
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A Manitoba tenant has the right to assign a lease agreement in specific situations. The exceptions to the ability to assign the lease are if she is residing in subsidized housing or a caretaker/employee rental unit or it is strictly prohibited in the lease terms. There are two types of assignment. The first occurs when the tenant does not plan on returning to the rental unit before the end of her turn. This assignment transfers all interest in the property to the sublet tenant. The other assignment is for a specified time and terminates before the end of the tenant's rental period.
A Manitoba tenant may terminate a lease agreement by ending a month-to-month tenancy by providing written notice equal to a full rent term. The tenant and landlord can mutually agree to terminate before the end of a lease term. A lease termination before the lease term starts is permitted if the landlord cannot deliver possession of the property. Finally, a tenant can terminate the lease if the landlord violates lease responsibilities or the Residential Tenancies Act.
Legal Recourse
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The Residential Tenancies Branch is the first stop for tenants having a dispute with a landlord. The Branch often can intervene and mediate problems to the satisfaction of both landlord and tenant. A Residential Tenancies Officer also handles eviction cases in Manitoba. A tenant can contest the eviction and appeal the decision if it goes against him.
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References
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