This is an unofficial version. If you need an official copy, use the bilingual (PDF) version.
Search this document and show paragraphs with hits
You can use wild cards:
'*' allows for 0 or more characters (eg. ceas* will match 'cease', 'ceased', 'ceasing' and 'ceases')
'?' allows for 0 or 1 character (eg. cease? will match 'cease', 'ceases' and 'ceased', but not 'ceasing')
This search is not case sensitive.
S.M. 2020, c. 10
Bill 58, 2nd Session, 42nd Legislature
The Residential Tenancies Amendment Act
Explanatory Note This note is a reader's aid and is not part of the law. This Act amends The Residential Tenancies Act.
The amendments remain in effect until they are repealed by proclamation. |
(Assented to April 15, 2020)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Residential Tenancies Act is amended by this Act.
The following is added after Part 9.1:
PART 9.2
TEMPORARY CHANGES CONCERNING THE 2020 PUBLIC HEALTH EMERGENCY
The purpose of this Part is to make temporary changes to address the social and economic impacts on landlords and tenants that are related to the pandemic in Manitoba caused by the communicable disease known as COVID-19.
Freeze in Rent Increases
Any notice of a rent increase given by a landlord in accordance with section 25
(a) on or after April 1, 2020; or
(b) before April 1, 2020, with an effective date for the rent increase being on or after April 1, 2020;
is void and the rent increase does not take effect.
A landlord who collects a rent increase for which no effective notice is given as a result of subsection (1)
(a) is deemed to charge rent in excess of the rent permitted by this Act; and
(b) must reimburse the amount of the excess to the person who paid it, regardless of whether it was paid before or after the coming into force of this section.
This section prevails to the extent that it conflicts with
(a) any other provision of this Act; or
(b) any provision in a tenancy agreement, regardless of whether the tenancy agreement was entered into before or after the coming into force of this section.
Forgoing Late Payment Fees
No late payment fees during emergency
A landlord must not require a tenant to pay a late payment fee if the tenant fails to pay the rent on the date specified in the applicable tenancy agreement.
Subsection (1) prevails to the extent that it conflicts with
(a) subsection 69(4); and
(b) any provision in a tenancy agreement, regardless of whether the tenancy agreement was entered into before or after the coming into force of this section.
Limiting Terminations
Landlord may terminate for limited reasons only
A landlord must not give a tenant a notice of termination unless
(a) the tenancy is terminated for
(i) a contravention of clause 74(a) (duty not to impair safety), or
(ii) a contravention of section 74.1 (unlawful activity by tenant); and
(b) the termination addresses an immediate risk to the health or safety of the landlord, a tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons.
Earlier notices of termination void
Any notice of termination given by a landlord to a tenant with an effective date that is on or after March 24, 2020, is void unless it was given for the reasons set out in clauses (1)(a) and (b).
This section prevails to the extent that it conflicts with any other provision of this Act, except subsection 104(1) (termination by government authority).
No person shall be charged with an offence under section 195 of The Residential Tenancies Act for contravening or failing to comply with a provision of Part 9.2, as enacted by section 2 of this Act, that comes into force retroactively, if the contravention or failure to comply is in respect of conduct that occurred before the coming into force of this section.
The following provisions of The Residential Tenancies Act, as enacted by section 2 of this Act, are repealed:
(a) section 140.9 and the Part heading before it;
(b) section 140.10;
(c) section 140.11;
(d) section 140.12.
Impact of repeal — notice of a rent increase
On the repeal of section 140.10, as enacted by section 2 of this Act, a written notice of a rent increase given by a landlord under section 25 takes effect on the later of
(a) the day section 140.10 is repealed; or
(b) the effective date of the rent increase, as specified in the notice.
Coming into force — royal assent
Subject to subsections (2) to (4), this Act comes into force on the day it receives royal assent.
Coming into force — April 1, 2020
Section 140.10, as enacted by section 2 of this Act, is deemed to have come into force on April 1, 2020.
Coming into force — March 24, 2020
Section 140.12, as enacted by section 2 of this Act, is deemed to have come into force on March 24, 2020.
Coming into force — proclamation
Section 4 comes into force on a day to be fixed by proclamation.