5th Session, 42nd Legislature

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Bill 239

THE RESIDENTIAL TENANCIES AMENDMENT ACT (APPLICATION FEES AND DEPOSITS)

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R119 amended

1   The Residential Tenancies Act is amended by this Act.

2   Section 14 is amended by renumbering it as subsection 14(1) and adding the following as subsection 14(2):

Application and processing fees prohibited

14(2)   For certainty, subsection (1) prohibits a landlord from requiring or receiving any payment or consideration from a prospective tenant for

(a) taking an application to enter into a tenancy agreement;

(b) processing an application to enter into a tenancy agreement;

(c) investigating the prospective tenant's suitability as a tenant; or

(d) accepting an application to enter into a tenancy agreement.

3   Section 29 is amended by adding the following after paragraph 3:

3.1Payment of a security deposit must not be required

(a) until the landlord and tenant enter into the tenancy agreement, or

(b) until the landlord consents to an assignment.

4   Subsection 29.1(4) is amended by adding the following after paragraph 3:

3.1Payment of a pet damage deposit must not be required

(a) until the landlord and tenant enter into the tenancy agreement, or

(b) until the landlord gives the tenant permission to keep a pet during the term of the tenancy agreement.

5   Section 29.4 is amended by adding the following after paragraph 3:

3.1Payment of a tenant services security deposit must not be required

(a) until the landlord and tenant enter into the tenancy agreement, or

(b) until the landlord consents to an assignment.

Coming into force

6   This Act comes into force on the day it receives royal assent.