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The Landlord and Tenant Act
This is an unofficial archived version of The Landlord and Tenant Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. L70

The Landlord and Tenant Act

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

Definitions.

1

In this Act,

"crops" means the products of the soil and without limiting the generality of the foregoing includes all sorts of grain, grass, hay, hops, fruits, pulse, and other products of the soil; ("récoltes")

"landlord" includes the owner, or other person permitting occupancy of a rental unit, and his heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the rental unit, who is entitled to possession of the rental unit and who attempts to enforce any of the rights of a landlord under a tenancy agreement under this Act, including the right to collect rent; ("locateur")

"minister" means a member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"residential premises" means premises used for residential purposes, including parking accommodations or mobile homes, or both, situated in a permanent mobile home park, but it does not include premises occupied for business purposes with living accommodation attached under a single lease or any premise situated on more than three acres of land unless under the tenancy agreement the tenant is restricted to the use of not more than three acres of land together with the premise; ("local d'habitation")

"security deposit" means money in the form of cash or cheque paid or given by a tenant of residential premises to a landlord or his agent or to anyone on his behalf to be held by or for the account of the landlord as security for the payment of rent in arrears or for damage to the premises; ("dépôt de garantie")

"standing crops" means crops standing or growing on the demised premises; ("récoltes sur pied")

"tenancy agreement" means an agreement between a landlord and a tenant for possession of residential premises, whether written, oral or implied; ("convention de location")

"tenant" includes lessee, occupant, sub-tenant, under-tenant, and his or their assigns and legal representatives. ("locataire")

Method for service or giving notice, etc.

2(1)

Where, under this Act, a notice, demand, process or other document is required to be served on or given to a person, it may be served on or given to the person

(a) by personal service on the person; or

(b) by leaving it personally with an adult on the premises at the latest address of the person known to the person required to give or serve it;

or

(c) except in the case of service required under section 67, 73, 100 or 104, by mailing it by registered mail addressed to the person at the latest address of the person known to the person required to give or serve it.

Substitutional service.

2(2)

Where a person required under this Act to serve or give a notice, demand, process or other document on or to another person is unable to serve or give it in accordance with clause (1)(a) or (b), and is unaware or uncertain of any recent address of the other person, the person required to serve or give the notice, demand, process or other document may apply to a judge of the Court of Queen's Bench for an order for substitutional service and the judge may, if he is satisfied that every reasonable effort has been made to serve or give the notice, demand, process or other document on or to the other person, grant an order for such substitutional service on the other person as he deems reasonable.

PART I

LEASES AND TENANCIES

COVENANTS RUNNING WITH REVERSION

Remedies accrue to assignees of reversion.

3

All persons being grantees or assignees of the Queen, or of any person other than the Queen, and the heirs, executors, successors and assigns of every of them, shall have and enjoy like advantage against the lessees, their executors, administrators, and assigns, by entry for nonpayment of the rent, or for doing of waste, or other forfeiture, and also shall have and enjoy all and every such like and the same advantage, benefit, and remedies, by action only, for not performing of other conditions, covenants, or agreements, contained and expressed in the indentures of their leases, demises, or grants against all and every of the lessees and grantees, their executors, administrators, and assigns as the lessors or grantors themselves, or their heirs or successors, might have had and enjoyed at any time or times.

Lessee's covenants to run with reversion.

4

Rent reserved by a lease and the benefit of every covenant or provision therein contained, having reference to the subject matter thereof, and on the lessee's part to be observed or performed, and every condition of re-entry and other conditions therein contained shall be annexed and incident to, and shall go with, the reversionary estate in the land or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and shall be capable of being recovered, received, enforced and taken advantage of by any person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased.

Right of forfeiture before disposition.

5

The benefit of every condition of re-entry or forfeiture for a breach of any covenant or condition contained in a lease, extends to, and may be enforced and taken advantage of, by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased, although that person became, by conveyance or otherwise, so entitled after the condition of re-entry or forfeiture had become enforceable.

Remedies apply against assigns of grantor.

6

All lessees and grantees of lands, tenements, rents, portions, or any other hereditaments for term of years, life or lives, their executors, administrators, and assigns shall and may have like action, advantage, and remedy against all and every person who shall have any gift or grant of the Queen, or of any other persons, of the reversion of the same lands, tenements and other hereditaments so let, or any parcel thereof, for any condition, covenant, or agreement, contained or expressed in the indentures of their leases as the same lessees or any of them, might and should have had against their lessors, and grantors, their heirs, or successors.

Lessor's covenants to run with reversion.

7

The obligation of a covenant entered into by a lessor with reference to the subject matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to, and shall go with, that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, such obligation may be taken advantage of and enforced against any person so entitled.

APPORTIONMENT OF CONDITION OF RE-ENTRY

Apportionment on severance.

8(1)

Notwithstanding the severance by conveyance, surrender, or otherwise, of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cessor in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered, or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.

Application of sections 5, 7 and 8.

8(2)

Sections 5 and 7, and section 8, so far as it is applicable to leases not made by deed, apply only to leases made after April 1, 1931.

SUB-LESSEE AND TITLE TO REVERSION

Sub-lessee cannot call for title.

9(1)

On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion.

Saving intention.

9(2)

This section applies only if and as far as the contrary intention is not expressed in the contract, and has effect subject to the terms of the contract and to the provisions therein contained.

Application.

9(3)

This section applies only to contracts made after April 1, 1931.

DEFECTS IN LEASES

MADE UNDER POWERS OF LEASING

Effect of lease where deviation from terms of power.

10

Where, in the intended exercise of any power of leasing, whether derived under a statute or under any instrument lawfully creating the power, a lease has been, or is hereafter granted which is, by reason of the non-observance or omission of some condition or restriction, or by reason of any other deviation from the terms of the power, invalid as against the person entitled, after the determination of the interest of the person granting the lease, to the reversion, or against other the person who, subject to any lease lawfully granted under the power, would have been entitled to the land comprised in the lease, the lease, in case the same was made in good faith and the lessee named therein, his heirs, executors, administrators, or assigns have entered thereunder, shall be considered a contract for a grant at the request of the lessee, his heirs, executors, administrators, or assigns of a valid lease under such power, to the like purport and effect as the invalid lease, save so far as any variation may be necessary in order to comply with the terms of the power; and all persons who would have been bound by a lease lawfully granted under the power are bound by the contract; but no lessee under any such invalid lease, his heirs, executors, administrators, or assigns, is entitled by virtue of any such contract to obtain any variation of the lease, where the persons who would have been bound by the contract are willing to confirm the lease without variation.

What amounts to confirmation.

11

Where, upon or before the acceptance of rent under any such invalid lease, any receipt, memorandum or note in writing confirming the lease is signed by the person accepting the rent, or some other person by him thereunto lawfully authorized, the acceptance shall, as against the person so accepting the rent, be deemed a confirmation of the lease.

Duty of lessee to accept confirmation.

12

Where, during the continuance of the possession taken under any such invalid lease, the person, for the time being entitled, subject to the possession, to the land comprised in the lease, or the possession or the receipt of the rent and profits thereof, is able to confirm the lease without variation the lessee, his heirs, executors, or administrators, or any person who would have been bound by the lease if the same had been valid, upon the request of the person so able to confirm the same, shall be bound to accept a confirmation accordingly; and the confirmation may be by memorandum or note in writing signed by the persons confirming and accepting, or by some other persons by them thereunto lawfully authorized: and, after confirmation and acceptance of confirmation, the lease shall be valid and shall be deemed to have had from the granting thereof the same effect as if it had been originally valid.

Lease valid if grantor owner till valid lease can be granted.

13

Where a lease granted in the intended exercise of any power of leasing is invalid by reason that, at the time of the granting thereof, the person granting the same could not lawfully grant the lease, but the estate of the person in the land comprised in the lease has continued after the time when such, or the like lease, might have been granted by him in the lawful exercise of the power, the lease shall take effect and be as valid as if it had been granted at such last mentioned time, and all the provisions of sections 10 and 15 apply to every such lease.

What amounts to exercise of power.

14

Where a valid power of leasing is vested in, or may be exercised by, a person granting a lease, and, by reason of the determination of the estate or interest of the person or otherwise, the lease cannot have effect and continuance according to the terms thereof independently of the power, the lease shall, for the purposes of sections 10 to 13, be deemed to be granted in the intended exercise of the power although the power is not referred to in the lease.

Saving rights of lessees under covenants and lessor's right of re-entry.

15

Nothing in sections 10 to 15 extends to, prejudices or takes away any right of action, or other right or remedy to which, but for sections 10 to 14, the lessee named in any lease, his heirs, executors, administrators, or assigns would or might have been entitled under or by virtue of any covenant for title or quiet enjoyment contained in the lease on the part of the person granting the same, or prejudice, or take away, any right of re-entry, or other right or remedy to which, but for those sections, the person granting the lease, his heirs, executors, administrators, or assigns, or other person, for the time being entitled to the reversion expectant on the determination of the lease, would or might have been entitled for or by reason of any breach of the covenants, conditions, or provisoes contained in the lease, and on the part of the lessee, his heirs, executors, administrators, or assigns to be observed and performed.

MERGER OF REVERSIONS

Effect of surrender or merger.

16

Where the reversion expectant on a lease of land merges or is surrendered, the estate which for the time being confers, as against the tenant under the lease, the next vested right to the land shall, to the extent of and for preserving such incidence to, and obligations on, the reversion as, but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the lease.

RIGHT OF RE-ENTRY

Right of re-entry for non-payment of rent.

17(1)

In every demise, whether by parol or in writing and whenever made, unless it is otherwise agreed or provided by statute, there shall be deemed to be included an agreement that if the rent reserved, or any part thereof, remains unpaid for 15 days after any of the days on which it ought to have been paid, although no formal demand thereof has been made, it shall be lawful for the landlord at any time thereafter, into and upon the demised premises, or any part thereof in the name of the whole, to re-enter and the same to have again, repossess and enjoy as of his former estate.

Right of re-entry where bawdy house kept.

17(2)

In every such demise as aforesaid, if the tenant or any other person is convicted of keeping a disorderly house within the meaning of the Criminal Code (Canada), on the demised premises, or any part thereof, the landlord may at any time thereafter, into the demised premises, or any part thereof, re-enter and the same have again, repossess and enjoy as of his former estate.

FORFEITURE OF LEASES

Definitions.

18(1)

In this section and sections 19 to 22,

"action" includes any proceedings under Part III: ("action")

"lease" includes an original or derivative underlease and a grant at a fee farm rent or securing a rent by condition and an agreement for a lease where a lessee has become entitled to have his lease granted; ("bail")

"lessee" includes an original or derivative under-lessee arid the heirs, executors, administrators and assigns of a lessee and a grantee under such a grant and his heirs and assigns; ("preneur à bail")

"lessor" includes an original derivative underlessor and the heirs, executors, administrators and assigns of a lessor and a grantor under such a grant and his heirs and assigns; ("bailleur")

"mining lease" means a lease for mining purposes, that is a searching for, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away or disposing of mines or minerals, and substances in, on or under the land, obtainable by underground or by surface working or purposes connected therewith and shall include a grant or licence for mining purposes; ("bail minier")

"under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; ("sous-location")

"under-lessee" includes any person deriving title under or from an under-lessee. ("sous-locataire")

Restrictions on and relief against forfeiture.

18(2)

A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease other than a proviso in respect of the payment of rent, shall not be enforceable, by action, entry, or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money to the satisfaction of the lessor for the breach.

Relief against forfeiture.

19(1)

Where a lessor is proceeding by action or otherwise to enforce any right of re-entry or forfeiture, whether for non-payment of rent or for other cause, the lessee may, in the lessor's action, if any, or if there is no such action pending, then in an action or summary application to a judge of the Court of Queen's Bench brought by himself, apply to the court for relief; and the court may grant such relief, as having regard to the proceedings and conduct of the parties under section 18 and to all the other circumstances, the court thinks fit, and on such terms as to payment of rent, costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future as the court may deem just.

Where right of entry is under statute.

19(2)

This section and section 18 apply, although the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease, or implied therein, in pursuance of the directions of a statute.

Lease until breach.

19(3)

For the purposes of this section a lease limited to continue as long only as the lessee abstains from committing a breach of covenant, shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.

Proceedings stayed on payment of rent.

19(4)

Where the action is brought to enforce a right of re-entry or forfeiture for non-payment of rent and the lessee, at any time before judgment, pays into court all the rent in arrear and the costs of the action as between solicitor and client, the proceedings in the action shall be forever stayed.

Lessee's position continues.

19(5)

Where relief is granted under this section the lessee shall hold and enjoy the demised premises according to the lease thereof made without any new lease.

Application of section.

19(6)

This section applies to leases made either before or after the commencement of this Act and shall apply notwithstanding any stipulation to the contrary.

Exceptions.

19(7)

This section does not extend

(a) to a covenant or condition against the assigning, under-letting, parting with the possession, or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee, or on the lessee making an assignment for the benefit of creditors, or on the taking in execution of the lessee's interest; or

(b) in the case of a mining lease, to a covenant or condition for allowing the lessor to have access to or inspect books, accounts, records, weighing machines or other things, or to enter or inspect the mine or the workings thereof.

Failure to insure.

19(8)

Where the right of re-entry or forfeiture is in respect of a breach of a covenant or condition to insure, relief shall not be granted if at the time of the application for relief there is not an insurance on foot in conformity with the covenant or condition to insure except, in addition to any other terms which the court may impose, upon the term that the insurance is effected in accordance with the covenant or condition.

LEASES, UNDER-LEASES, AND FORFEITURE

Protection of under-leases on forfeiture.

20

Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso, or stipulation in a lease, the court, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease or any part thereof, either in the lessor's action, if any, or in any action or summary application to a judge of the Court of Queen's Bench brought by the person for that purpose, may make an order vesting for the whole term of the lease or any less term the property comprised in the lease, or any part thereof, in any person entitled as under-lessee to any estate or interest in the property upon such conditions, as to execution of any deed or other document, payment of rents, costs, expenses, damages, compensation, giving security or otherwise, as the court in the circumstances of each case shall think fit; but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease.

Parties to action for forfeiture.

21

Where a lessor is proceeding by action to enforce a right of re-entry or forfeiture under any covenant, proviso, or stipulation in a lease, every person claiming any right, title or interest in the demised premises under the lease, if it be known to the lessor that he claims such right or interest or if the instrument under which he claims is registered in the proper registry or land titles office, shall be made a party to the action.

Licence to assign not to be withheld unreasonably.

22(1)

In every lease made after April 1, 1931, containing a covenant, condition or agreement against assigning, under-letting, or parting with the possession, or disposing of the land or property leased without licence or consent, the covenant, condition or agreement shall, unless the lease contains an expressed provision to the contrary, be deemed to be subject to a proviso to the effect that the licence or consent shall not be unreasonably withheld.

Application to court where licence withheld.

22(2)

Where the landlord refuses or neglects to give a licence or consent to an assignment or sub-lease, a judge of the Court of Queen's Bench, upon the application of the tenant or of the assignee or sub-tenant, made by way of originating notice according to the practice of the Court of Queen's Bench, may make an order determining whether or not the licence or consent is unreasonably withheld; and, where the judge is of opinion that the licence or consent in unreasonably withheld, permitting the assignment or sub-lease to be made; and the order is the equivalent of the licence or consent of the landlord within the meaning of any covenant or condition requiring it, and the assignment or sub-lease is not a breach thereof.

LICENCES

Restriction of effect of licence under power.

23

Where a licence to do any act which, without the licence, would create a forfeiture, or give a right to re-enter under a condition or power reserved in a lease, is given to a lessee or his assigns, every licence shall, unless otherwise expressed, extend only to the permission actually given, or to any specific breach of any proviso or covenant, or to the actual assignment, under-lease or other matter thereby specifically authorized to be done, but shall not prevent a proceeding for any subsequent breach unless otherwise specified in the licence; and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and virtue, and shall be available as against any subsequent breach of covenant or condition, assignment, under-lease, or other matter not specifically authorized or made dispunishable by the licence, in the same manner as if no licence had been given; and the condition or right of re-entry shall be and remain in all respects as if the licence had not been given, except in respect of the particular matter authorized to be done.

Restricted operation of partial licences.

24

Where in a lease there is a power or condition of re-entry on assigning or under-letting or doing any other specified act without licence, and a licence has been or is given to one of several lessees or co-owners to assign or under-let his share or interest, or to do any other act prohibited to be done without licence, or has been or is given to a lessee or owner, or anyone of several lessees or owners, to assign or under-let part only of the property, or to do any other such act in respect of part only of the property, the licence shall not operate to destroy or extinguish the right of reentry in case of any breach of the covenant or condition by the co-lessee or co-lessees or owner or owners of the other shares of interest in the property, or by the lessee or owner of the rest of the property, over or in respect of the shares or interest or remaining property, but the right of re-entry shall remain in full force over or in respect of the shares or interests or property not subject of the licence.

WAIVER OF COVENANT

Restriction of effect of waiver.

25

Where an actual waiver of the benefit of a covenant or condition in a lease, on the part of a lessor or his heirs, executors, administrators or assigns, is proved to have taken place in any one particular instance the actual waiver shall not be assumed or deemed to extend to any instance or any breach of covenant or condition other than that to which the waiver specially relates, nor to be a general waiver of the benefit of any such covenant or condition unless an intention to that effect appears.

COVENANT TO PAY TAXES

Taxes not include local improvements.

26

Unless it is otherwise specifically provided in a lease made after April 1, 1931, a covenant by a lessee for payment of taxes shall not be deemed to include an obligation to pay taxes assessed for local improvements.

NOTICES TO QUIT

Notice to quit

27

A week's notice to quit and a month's notice to quit, respectively, ending with the week or the month, is sufficient notice to determine, respectively, a weekly or monthly tenancy.

TENANT TO NOTIFY LANDLORD

Penalty for not notifying landlord.

28

Every tenant to whom a writ in an action for the recovery of land has been delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord, or to his landlord's bailiff or receiver; and, if he omits so to do, he is answerable to his landlord for all damages sustained by him by reason of the failure to give the notice.

DISTRESS FOR RENT

Distress for three month's arrears.

29(1)

No person may distrain as against the tenant or any other person for more than the next preceding three month's arrears of rent where the rent is payable quarterly or more frequently, nor for more than the next preceding one year's arrears where the rent is payable less frequently than quarterly.

Distress reasonable.

29(2)

Distress shall be reasonable.

Distress for rents seek.

29(3)

Every person may have the like remedy by distress, and by impounding and selling the property distrained in a case of rent-seck, as in case of rent reserved upon lease.

Distress on determination.

30

A person having any rent due and in arrear, upon any lease for life or lives or for years, or at will, ended or determined, may distrain for the arrears, after the determination of the lease, in the same manner as he might have done if the lease had not been ended or determined, if the distress is made during the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears became due.

Distress in case of death.

31

A person entitled to any rent or land for the life of another may recover by action or distress the rent due and owing at the time of the death of the person whose life the rent or land depended as he might have done if the person by whose death the estate in the rent or land determined had continued in life.

Personal representative may distrain.

32

The executors or administrators of a landlord may distrain for the arrears of rent due to the landlord in his lifetime and may sue for the arrears in like manner as the landlord might have done if living; and the powers and provisions contained in this Act relating to distresses for rent are applicable to the distresses so made.

PROPERTY LIABLE TO DISTRESS

Right to distrain grain, etc.

33

A person having rent due and in arrear upon any demise, lease, or contract may seize and secure any sheaves or cocks of grain, or grain loose, or in the straw, or hay, lying or being in any barn or granary or otherwise upon any part of the land charged with the rent, and may lock up or detain the same, in the place where the same is found, for or in the nature of a distress until the same is replevied, and, in default of the same being replevied, may remove and sell the same.

Right to distrain cattle, etc.

34(1)

A landlord may take and seize, as a distress for arrears of rent, any cattle or livestock of his tenant feeding or pasturing upon any highway, or on any way belonging to the demised premises or any part thereof.

Right to distrain standing crops.

34(2)

Subject to subsection (4), a landlord may take and seize standing crops as a distress for arrears of rent, and may cut, gather, make, cure, carry, lay up and thresh the same, when ripe, in the barns or other proper place on the demised premises, and if there is none on the demised premises then in another barn or proper place which the landlord hires or otherwise procures for that purpose as near as may be to the premises, and may in convenient time appraise, sell or otherwise dispose of the same towards satisfaction for the rent for which the distress is made, and of the charges of the distress, appraisement and sale in the same manner as other goods and chattels may be seized, distrained and disposed of, and the appraisement thereof shall be taken when cut, gathered, threshed, cured, and made and not before.

Notice of to tenant.

34(3)

Notice of the place where the goods and chattels so distrained are lodged or deposited, shall, within one week after the lodging or depositing thereof, be given to the tenant or left at his last place of abode.

Satisfying such distress.

34(4)

If, after a distress of standing crops so taken for arrears of rent, and at any time before the same are ripe and cut, cured or gathered, the tenant pays to the landlord for whom the distress is taken the whole rent then in arrear, with the full costs and charges of making the distress and occasioned thereby, then, upon the payment or lawful tender thereof the same and every part thereof shall cease, and the standing crops so distrained shall be delivered up to the tenant.

Sale of crops.

34(5)

Where standing crops are distrained for rent they may, at the option of the landlord, be advertised and sold in the same manner as other goods; and it shall not be necessary for the landlord to reap, thresh, gather or otherwise market the same.

Liability of purchaser for occupation.

34(6)

Any person purchasing standing crops at the sale shall be liable for the rent of the land upon which the same are standing at the time of the sale, from that time until the same are removed, unless the rent has been paid or has been collected, by the landlord, or has been otherwise satisfied, and the rent shall as nearly as may be, be the same as that which the tenant whose goods were sold was to pay, having regard to the quantity of land, and to the time during which the purchaser occupies it.

Chattels off premises not to be distrained.

35

Save as herein otherwise provided, goods or chattels that are not at the time of the distress upon the premises in respect of which the rent distrained for is due shall not be distrained for rent.

Exemptions from seizure.

36(1)

The following chattels are exempt from seizure under any landlord's warrant of distress, namely:

(a) the beds, bedding and bedsteads (including perambulators or cradles) in ordinary use by the debtor and his family;

(b) the necessary and ordinary wearing apparel of the debtor and his family;

(c) one cooking stove with pipes and furnishings, one other heating stove with pipes, two towels, one washbasin, one kitchen table, one tea kettle, one teapot, one saucepan, one frying pan, and for each member of the family the following, namely: one chair, one cup and saucer, one plate, one knife, one fork and one spoon;

(d) all necessary fuel, meat, fish, flour and vegetables for the ordinary consumption of the debtor and his family for 30 days;

(e) the tools, agricultural implements and necessaries used by the debtor in the practice of his trade, profession or occupation, to the value of $600.; and

(f) 50 volumes of books, the books of a professional man, one axe, one saw.

Selections of exemptions.

36(2)

The person claiming the exemption shall select and point out the goods and chattels which he claims to be exempt.

Exemptions cannot be waived in leases, etc.

36(3)

Every agreement in any oral or written lease to waive or abandon an exemption from seizure or a benefit, right or privilege of exemption from seizure under this Act and every arrangement, contract or bargain, oral or written, under seal or otherwise, collateral to a lease and any chattel mortgage as security for a lease, made or entered into, with or without valuable consideration, whereby an attempt is made to prevent any person from claiming any benefit, right or privilege of exemption under this Act, is void.

Right to distrain limited to goods of tenant.

37

A landlord shall not distrain for rent on goods and chattels the property of any person except the tenant or person who is liable for the rent, although they are found on the premises; but this restriction does not apply,

(a) to crops or grain in favour of a person claiming title under or by virtue of an execution or attachment against the tenant; or

(b) in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant, whether absolute or in trust, or by way of mortgage or otherwise; or

(c) to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition; or

(d) where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of, or the right of distress by, the landlord; or

(e) where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant, or by any other relative of his in case the other relative lives on the premises as a member of the tenant's family; or

(f) in favour of any person whose title is derived by purchase, gift, transfer or assignment, whether absolute or in trust, or by way of mortgage or otherwise, from the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant, or from any other relative of his in case the other relative lives on the premises as a member of the tenant's family.

Mortgagee or vendor not to distrain goods of tenant exempt from execution.

38(1)

The right of a mortgagee of land or of a vendor of land, with or without chattels, under an agreement of sale, or the assigns of either, to distrain under this Act or otherwise for an amount payable under the mortgage or agreement of sale, is notwithstanding anything to the contrary in the mortgage or agreement of sale or in any other agreement relating thereto, limited (except as in this section otherwise provided) to the goods and chattels of the mortgagor or purchaser, and is also limited to such goods and chattels as are not exempt from seizure under execution; but no grain shall be exempt by reason of being grown on exempt land.

Mortgagee or vendor may serve notice and recover rent or rental value.

38(2)

In addition to, or concurrently with, the exercise of any other remedy a mortgagee or vendor by a notice in writing served upon the tenant or other person occupying the land may require the tenant or occupant to pay him, in the case of a tenant, the rent, or in the case of an occupant not a tenant, the rental value of the land or so much thereof in either case as has not already been paid and to continue to pay it from time to time as it falls due to the extent, and to be applied on account, of

(a) the interest due, and all taxes or levies and premiums of insurance payable by the mortgagor or purchaser under the mortgage or agreement of sale; and

(b) all moneys which the mortgagee or vendor has paid upon or in respect of a prior mortgage or charge upon the land and for the payment of which the mortgagor or purchaser is liable;

and subject to the exemptions from seizure provided in this section, the rent or rental value may be recovered by the mortgagee or vendor serving the notice, from the tenant or occupant, in the same manner, and with the same rights, as if the relation of landlord and tenant existed between the mortgagee or vendor and the tenant or occupant.

Consent of prior mortgagees.

38(3)

A mortgagee or vendor may exercise the rights conferred by subsection (2) only with the previous consent in writing of all prior mortgagees and vendors or in the absence of that consent only while no such prior mortgagee or vendor is exercising his rights to recover the rent or rental value.

Determination and settlement of disputes as to rental value.

38(4)

The amount and periods for payment of the rental value claimed by such a mortgagee or vendor and the time of payment thereof shall be specified in the notice served on the occupant, and the amount shall be the fair rental value of the premises, and the periods for payment, in default of an agreement to the contrary in pursuance of which the occupant has possession of the premises, shall be in accordance with the usual practice relating to premises of a similar nature; and in case the occupant disputes the amount claimed or the period for, or time of, payment thereof, he may apply, and whether disputed or not the mortgagee or vendor may apply, to a judge of the Court of Queen's Bench under Part II, and that Part shall apply, with such modifications as the circumstances require, to the settlement of disputes or to the determination of any question relating to rental value between mortgagees or vendors and occupants of land.

Mortgagee accountable for receipts.

38(5)

No mortgagee or vendor shall, when acting under this section, be held accountable for any rent or money claimed as rental value not actually received by him, but all moneys received by him shall be pro tanto satisfaction of the rent or other sums owing by the tenant or occupant.

Application of section.

38(6)

This section applies to the personal representatives, successors and assigns of a mortgagee or vendor, and applies in the case of any mortgage or agreement of sale whenever made; but nothing in this section affects any pending litigation.

TENANT'S RIGHT OF SET-OFF

Right of set-off.

39(1)

A tenant may set-off against the rent due a debt due to him by the landlord, in which case he shall give notice of the claim or set-off in Form 1 in the Schedule, which may be given before or after the seizure.

Effect of notice.

39(2)

When the notice is given the landlord is entitled to distrain, or to proceed with the distress, only for the balance of the rent after deducting any debt justly due by him to the tenant which is mentioned in the notice.

Service of notice.

39(3)

The notice may be served either personally or by leaving it with a grown-up person in, and apparently residing on, the premises occupied by the person to be served; and if the landlord cannot be found and his place of abode is not known, or admission thereto cannot be obtained, the posting up of the notice on some conspicuous part of the premises is good service.

Defects not to invalidate.

39(4)

No proceeding under this section is rendered invalid by any defect in form.

FRAUDULENT REMOVAL

Landlords may distrain goods carried off for 30 days.

40(1)

Where any tenant, for life or lives, term of years, at will, sufferance, or otherwise, of any messuages, lands, tenements, or hereditaments, upon the demise or holding whereof any rent is reserved, due, or made payable, fraudulently or clandestinely conveys away, or carries off or from the premises his goods or chattels to prevent the landlord from distraining the same for arrears of rent so reserved, due or made payable, the landlord or any person by him for that purpose lawfully empowered, may, within 30 days next ensuing the conveying away or carrying off, take and seize such goods and chattels wherever the same are found, as a distress for the arrears of rent, and the same sell or otherwise dispose of in such manner as if the goods and chattels had actually been distrained by the landlord upon the premises for the arrears of rent.

Exemptions.

40(2)

No landlord or other person entitled to the arrears of rent shall take or seize, as a distress for the same, any such goods or chattels which have been sold in good faith and for a valuable consideration, before the seizure made, to any person not privy to such fraud.

Right of landlord to break open buildings, etc.

41

Where any goods or chattels fraudulently or clandestinely conveyed or carried away by any tenant, his servant, or agent, or other person aiding or assisting therein are or are believed to be in any house, barn, stable, outhouse, yard, close or place, locked up, fastened or otherwise secured so as to prevent them from being taken and seized as a distress for arrears of rent, the landlord or his agent may take and seize, as a distress for rent, the goods and chattels, first calling to his assistance a constable or peace officer who is hereby required to aid and assist therein, and, in case of a dwelling house, oath being also first made of a reasonable ground to believe that the goods or chattels are therein, and in the day time, break open and enter into the house, barn, stable, outhouse, yard, close or place and take and seize such goods and chattels for the arrears of rent as he might have done if they were in an open field or place upon the premises from which they were so conveyed or carried away.

Penalty for fraudulent removal.

42

If a tenant so fraudulently removes, conveys away or carries off his goods or chattels, or if any person wilfully and knowingly aids or assists him in so doing, or in concealing the same, every person so offending shall forfeit and pay to the landlord double the value of the goods, to be recovered by action in any court of competent jurisdiction.

IMPOUNDING DISTRESS

Beasts distrained.

43(1)

Beasts or cattle distrained shall not be removed or driven out of the municipality in which they are distrained.

Separate impoundment.

43(2)

No cattle, or other goods or chattels, distrained or taken by way of distress for any cause at one time shall be impounded in several places.

Penalty.

43(3)

Every person offending against this section shall forfeit to the person aggrieved $20. in addition to the damages sustained by him.

Where goods to be impounded.

43(4)

Any person lawfully taking any distress for any kind of rent may impound, or otherwise secure the distress so made, in such place or on such part of the premises chargeable with the rent as is most fit and convenient for that purpose, and may appraise, sell and dispose of the same upon the premises; and it shall be lawful for any person to come and go to and from such place or part of the premises where any distress for rent is so impounded and secured, to view, appraise and buy, and to carry off or remove the same on account of the purchaser thereof.

POUND BREACH, OR RESCUE

Damages for pound breach.

44

Upon any pound breach or rescue of goods or chattels distrained for rent the person offending, or the owner of the goods distrained, in case the same are afterwards found to have come to his use or possession, shall forfeit to the person aggrieved $20. in addition to the damages sustained by him.

SALE OF GOODS DISTRAINED

Sale of distress when made.

45

Where any goods or chattels are distrained for any rent reserved and due upon any demise, lease or contract, and the tenant or owner of them does not, within five days next after the distress taken and notice thereof with the cause of the taking, left at the dwelling house or other most conspicuous place on the premises charged with the rent distrained for, replevy the same, then, after the distress and notice and the expiration of the five days, the person distraining shall cause the goods and chattels so distrained to be appraised by two appraisers, who shall first be sworn to appraise the same truly, according to the best of their understandings, a memorandum of which oath is to be endorsed on the inventory, and after the appraisement the person so distraining may lawfully sell the goods and chattels so distrained for the best price which can be got for the same towards satisfaction of the rent for which the same were distrained and of the charges of the distress, appraisement and sale, and shall hold the overplus, if any, for the owner's use and pay the same over to him on demand.

RIGHT OF LANDLORD ON TENANT'S BANKRUPTCY

Lien of landlord in bankruptcy.

46(1)

In case of an assignment for the general benefit of creditors, or an order being made for the winding-up of an incorporated company, or where a receiving order in bankruptcy or authorized assignment has been made by or against a tenant, the preferential lien of the landlord for rent is restricted to the arrears of rent due during the period of three months next preceding, and for three months following the execution of the assignment, and from thence so long as the assignee retains possession of the premises; but any payment to be made to the landlord in respect of accelerated rent shall be credited against the amount payable by the assignee, liquidator or trustee for the period of his occupation.

Rights of assignee.

46(2)

Notwithstanding any provision, stipulation, or agreement, in any lease or agreement or the legal effect thereof, in case of an assignment for the general benefit of creditors, or an order being made for the winding-up of an incorporated company, or where a receiving order in bankruptcy or authorized assignment has been made by or against a tenant, the assignee, liquidator or trustee may, at any time within three months thereafter, for the purposes of the trust estate and before he has given notice of intention to surrender possession or disclaim, by notice in writing, elect to retain the leased premises for the whole or any portion of the unexpired term and any renewal thereof, upon the terms of the lease and subject to the payment of the rent as provided by the lease or agreement; and he may upon payment to the landlord of all arrears of rent, assign the lease with rights of renewal, if any, to any person,

(a) who covenants to observe and perform its terms and agrees to conduct upon the demised premises a trade or business that is not reasonably of a more objectionable or hazardous nature than that which was thereon conducted by the debtor; and

(b) who on application of the assignee, liquidator or trustees, is approved by a judge of the Court of Queen's Bench as a person fit and proper to be put in possession of the leased premises.

Election of assignee to surrender.

47(1)

The assignee, liquidator or trustee has the further right, at any time before so electing, by notice in writing to the landlord, to surrender possession or disclaim any such lease; and his entry into possession of the leased premises and the occupation thereof by him, while required for the purposes of the trust estate, shall not be deemed to be evidence of an intention on his part to elect to retain possession under section 46.

Right of sub-tenants.

47(2)

Where the assignor, or the person or firm or corporation against whom a receiving order has been made in bankruptcy, or a winding-up order has been made, being a lessee, has, before the making of the assignment or order, demised by way of under-lease, approved or consented to in writing by the landlord, any premises and the assignee, liquidator or trustee surrenders, disclaims or elects to assign the lease, the underlessee shall, if he so elects in writing within three months of the assignment or order, stand in the same position with the landlord as though he were a direct lessee from the landlord, but subject, except as to rental payable, to the same liabilities and obligations as the assignor, bankrupt or insolvent company was subject to under the lease at the date of the assignment or order.

Rental from under-lessee.

47(3)

The under-lessee shall, in that event, be required to covenant to pay to the landlord a rental not less than that payable by the underlessee to the debtor, and if the last mentioned rental was greater than that payable by the debtor to the landlord the under-lessee shall be required to covenant to pay to the landlord the like greater rental.

Settlement of dispute.

47(4)

Where a dispute arises under this section, it shall be disposed of, upon a summary application, by a judge of the Court of Queen's Bench.

DISTRAINABLE GOODS TAKEN IN EXECUTION

Goods taken in execution subject to rent.

48(1)

Goods or chattels lying or being in or upon any land leased for life or lives, or term of years, at will or otherwise shall not be liable to be taken by virtue of any execution on any pretence whatsoever unless the party at whose suit the execution is sued out before the removal of the goods or chattels from the premises by virtue of the execution, pays to the landlord or his bailiff all money due for rent of the premises at the time of the taking of the goods or chattels by virtue of the execution if the arrears of rent do not amount to more than three months' arrears of rent when the rent is payable quarterly or more frequently, or to more than one year's arrears when the rent is payable less frequently than quarterly.

When execution can proceed.

48(2)

If the arrears exceed three months' rent, when the rent is payable quarterly or more frequently or one year's rent when the rent is payable less frequently than quarterly the party at whose suit the execution is sued out, on paying the landlord or his bailiff the three months' arrears in cases when the rent is payable quarterly or more frequently or the one year's rent in other cases, may proceed to execute his judgment.

Payment to execution creditor.

48(3)

The sheriff or other officer shall levy and pay to the execution creditor the money so paid for rent in addition to the execution money.

Crops seized while on land liable for rent.

49

Where all or any part of the standing crops of the tenant of any land is seized and sold by any sheriff or other officer by virtue of any writ of execution the crops, so long as the same remain on the land in default of sufficient distress of the goods and chattels of the tenant, shall be liable for the rent which may accrue and become due to the landlord after any such seizure and sale, and to the remedies by distress for recovery of the rent, and that notwithstanding any bargain and sale or assignment which may have been made or executed of the crop by any such sheriff or other officer.

WRONGFUL OR IRREGULAR DISTRESS

Irregularities not to void distress.

50

Where any distress is made for any kind of rent justly due, and any irregularity is afterwards done by the person distraining, or by his agent, or if there has been an omission to make the appraisement under oath, the distress itself shall not be therefor deemed to be unlawful, nor the person making it deemed a trespasser ab initio, but the person aggrieved by the irregularity may recover by action full satisfaction for the special damage sustained thereby.

Damages for wrongful distress.

51(1)

A distrainor who takes an excessive distress, or takes a distress wrongfully, shall be liable in damages to the owner of the goods or chattels distrained.

Where no rent due.

51(2)

Where a distress and sale are made for rent pretended to be in arrear and due when, in truth, no rent is in arrear or due to the person distraining, or to the person in whose name or right the distress is taken, the owner of the goods or chattels distrained and sold, his executors or administrators shall be entitled, by action to be brought against the person so distraining, to recover full satisfaction for the damage sustained by the distress and sale.

LIABILITY OF TENANTS OVERHOLDING

Penalty double value for overholding.

52

Where a tenant for any term for life, lives, or years, or other person who comes into possession of any land, by, from, or under, or by collusion with, the tenant, wilfully holds over the land or any part thereof after the determination of the term, and after notice in writing given for delivering the possession thereof by his landlord or the person to whom the remainder or reversion of the land belongs or his agent thereunto lawfully authorized, the tenant or other person so holding over shall, for and during the time he so holds over or keeps the person entitled out of possession, pay to the person or his assigns at the rate of double the yearly value of the land so detained for so long as the same is detained, to be recovered by action in any court of competent jurisdiction, against the recovering of which penalty there shall be no relief.

Double rent where notice to quit

53

Where a tenant gives notice of his intention to quit the premises by him holden at a time mentioned in the notice, and does not accordingly deliver up the possession thereof at the time mentioned in the notice the tenant shall from thenceforward pay to the landlord double the rent or sum which he should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum before giving the notice could be levied, sued for, or recovered; and the double rent or sum shall continue to be paid while the tenant continues in possession.

ATTORNMENT

Agreement to attorn in mortgage valid.

54(1)

Where a mortgagor of land or a purchaser of land, with or without chattels, agrees in writing either in the mortgage or agreement of sale or by a collateral or subsequent writing to attorn, or to be or become the tenant of the mortgagee or vendor of the land, as the case may be, the relationship of landlord and tenant shall be held to be validly constituted between the parties for all purposes and against all persons whomsoever.

Effect of.

54(2)

Such an agreement in writing does not, nor does the receipt of rent falling due thereunder, render the mortgagee or vendor accountable for any rent not actually received by him.

Application.

54(3)

Nothing in this section affects the rights of any parties in an action or proceeding pending on April 1, 1931.

Nullity of attornment to stranger.

55(1)

Every attornment of a tenant of any land to a stranger claiming title to the estate of his landlord shall be void, and the possession of his landlord shall not be deemed to be changed, altered or affected by the attornment; but nothing herein vacates or affects an attornment made

(a) pursuant to and in consequence of a judgment or order of a court; or

(b) with the privity and consent of the landlord.

Mortgages excepted.

55(2)

Nothing herein alters, prejudices, or affects any rights which a vendor, mortgagee or encumbrancee may now possess under any law or statute.

Attornment not necessary.

56(1)

Every grant or conveyance of any rent or of the reversion or remainder of any land shall be good and effectual without any attornment of the tenant of the land out of which the rent issues, or of the particular tenant upon whose particular estate any such reversion or remainder is expectant or depending.

Tenant not to be prejudiced.

56(2)

A tenant shall not be prejudiced or damaged by the payment of rent to any grantor or by breach of any condition for non-payment of rent before notice to him of the grant by the grantee.

RENEWALS OR LEASES

Chief leases renewed without surrender of under-leases.

57(1)

Where a lease is duly surrendered in order to be renewed, and a new lease is made and executed by the chief landlord, the new lease shall, without a surrender of all or any of the underleases, be as good and valid as if all the underleases derived thereout had been likewise surrendered at or before the time of taking of the new lease.

Rights of parties thereunder.

57(2)

Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of the new lease, shall be entitled to the rents, covenants and duties, and have like remedy for recovery thereof, and the under-lessees shall hold and enjoy the land in the respective under-leases comprised as if the original lease had been kept on foot and continued; and the chief landlord shall have and be entitled to such and the same remedy by distress or entry in and upon the land comprised in any such under-leases for the rents and duties reserved by the new lease, so far as the same do not exceed the rents and duties reserved in the lease out of which the under-lease was derived, as he would have had if the former lease had been still continued or as he would have had if the respective under-leases had been renewed under the new principal lease.

RENEWAL OF LEASE BY ABSENTEES

Renewal on order of court in case of absentees.

58(1)

Where any person who, in pursuance of any covenant or agreement in writing, if within Manitoba and amenable to the process of the Court of Queen's Bench, might be compelled to execute any lease by way of renewal, is not within Manitoba, or is not amenable to the process of the court, the court, on the motion of any person entitled to the renewal, whether the person is or is not under any disability, may direct such person as the court thinks proper to appoint for that purpose to accept a surrender of the subsisting lease, and to make and execute a new lease in the name of the person who ought to have renewed the same.

Validity of.

58(2)

A new lease executed by the person so appointed shall be as valid as if the person in whose name the same was made was alive and not under any disability and had himself executed it.

Direction to bring action.

58(3)

In every such case it shall be in the discretion of the court to direct an action to be brought to establish the right of the person seeking renewal and not to make the order for the new lease unless by the judgment to be made in the action or until after it has been entered.

Conditions of.

58(4)

A renewed lease shall not be executed by virtue of this section in pursuance of any covenant, or agreement, unless the sum or sums of money, if any, which ought to be paid on the renewal and the things, if any, which ought to be performed in pursuance of the covenant or agreement by the tenant are first paid and performed, and counterparts of every such renewed lease shall be duly executed by the tenant.

Payments for to be disposed of by court.

58(5)

All sums of money which are had, received, or paid for, or on account of, the renewal of any lease by any person out of Manitoba or not amenable to the process of the Court of Queen's Bench after a deduction of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into the Court of Queen's Bench to such account, and be applied and disposed of as the court shall direct.

Costs.

58(6)

The court may order the costs and expenses of and relating to the application, orders, directions, conveyances and transfers, or any of them, to be paid and raised out of or from the land, or the rents in respect of which the same are respectively made, in such manner as the court shall deem proper.

PART II

DISPUTES AS TO RIGHT TO DISTRAIN

Definition of "judge".

59

In this Part "judge" means a judge of the Court of Queen's Bench.

Disputes as to distress.

60(1)

Where goods or chattels are distrained by a landlord for arrears of rent, and the tenant disputes the right of the landlord to distrain in respect of the whole or any part of the goods or chattels, or disputes the amount claimed by the landlord, or the tenant claims to set-off against the rent a debt which the landlord disputes, the landlord or the tenant may apply to the judge to determine the matters so in dispute, and the judge may hear and determine the same in a summary way, and may make such order in the premises as he may deem just.

Application to judge.

60(2)

Where the tenant disputes the right of the landlord to distrain in respect of the whole or any part of the goods or chattels, or disputes the amount claimed by the landlord, the landlord or the tenant may before any distress has been made apply to the judge to determine the matter so in dispute, and the judge may hear and determine the same in a summary way, and may make such order in the premises as he may deem just.

Order pending determination.

61

Where notice of such an application has been given to the landlord or tenant, as the case may be, the judge, pending the disposition of it by him, may make such order as he may deem just

(a) for the restoration to the tenant of the whole or any part of the goods or chattels distrained, or preventing a distress being made, upon the tenant giving security, by payment into court or otherwise as the judge may direct; or

(b) for the payment of the rent which shall be found due to the landlord and for the costs of the distress and of the proceedings before the judge and of any appeal from his order, or such of them as the tenant may be ordered to pay.

Jurisdiction of judge.

62

The judge has jurisdiction and authority to determine any question arising upon the application that the court of which he is judge has jurisdiction to determine in an action brought in that court.

Judgment final.

63

Where the amount claimed by the landlord does not exceed $100. the decision of the judge is final.

Appeal from summary trial.

64

Where the amount claimed by the landlord exceeds $100., an appeal lies from any order of the judge, made on an application to him under section 60, by which the matters in dispute are determined, in like manner as if they were a judgment of the court of which he is judge pronounced in an action.

Appeal from trial.

65

Where an issue is tried there is the same right of appeal from the judgment as if the judgment had been pronounced in an action.

Other remedies preserved.

66

Nothing in this Part takes away or affects any remedy that a tenant may have against his landlord or requires a tenant to proceed under this Part instead of by bringing an action; but where, instead of proceeding under this Part, he proceeds by action, the court in which the action is brought, if of opinion that it was unnecessarily brought and that a complete remedy might have been had by a proceeding under this Part, may direct the tenant, although he succeeds, to pay any additional costs occasioned by his having brought the action.

PART III

PROCEEDINGS AGAINST OVERHOLDING TENANTS

Application to judge for writ of possession.

67(1)

Where a tenant after his lease or right of occupation, whether created by writing or by parol, has expired or been determined, either by the landlord or by the tenant, by a notice to quit or notice pursuant to a proviso in any lease or agreement in that behalf, or has been determined by any other act whereby a tenancy or right of occupancy may be determined or put an end to, wrongfully refuses or neglects upon demand made in writing to go out of possession of the land demised to him, or which he has been permitted to occupy, his landlord may apply to a judge of the Court of Queen's Bench, to make the inquiry hereinafter provided for.

Material required.

67(2)

The landlord shall

(a) set forth, on affidavit, the terms of the demise or right of occupation, if oral;

(b) annex a copy of the instrument creating or containing the demise or right of occupation, if in writing, or, if for any cause a copy cannot be so annexed, then he shall make a statement setting forth the terms of the demise or occupation and the reason why the copy cannot be annexed;

(c) annex a copy of the demand;

(d) state the refusal of the tenant to go out of possession, and the reasons given for the refusal, if any were given; and

(e) add such explanation in regard to the ground of such refusal as the truth of the case may require.

Inquiry and determination.

67(3)

The judge shall, in writing, appoint a time and place at which he will inquire and determine whether the person complained of was tenant to the complainant for a term or period that has expired, or has been determined by a notice to quit or for default in payment of rent or otherwise, and whether the tenant holds the possession against the right of the landlord, and whether the tenant, having no right to continue in possession, wrongfully refuses to go out of possession.

Notice of proceedings.

67(4)

The application under subsection (1) together with a copy of the judge's appointment, a copy of the affidavit required under subsection (2) and copies of other documents to be used on the application, shall be served on the tenant at least five days before the day appointed by the judge for the inquiry into the matter.

Queen's Bench rules apply.

68

Except as otherwise varied by this Part, The Queen's Bench Act applies to applications made and proceedings had under this Part.

Intituling proceedings.

69

The proceedings under this Part shall be intituled in the Court of Queen's Bench and shall be styled:

"In the matter of (giving the name of the party complaining), landlord, against (giving the name of the party complained against), tenant."

Procedure on default.

70(1)

Where, at the time and place appointed, the tenant fails to appear, the judge, if it appears to him that the tenant wrongfully holds against the right of the landlord, may order a writ of possession in Form 2 in the Schedule, directed to a sheriff, commanding him forthwith to place the landlord in possession of the land.

On appearance.

70(2)

Where the tenant appears, the judge shall, in a summary manner, hear the parties and their witnesses and examine into the matter; and if it appears to the judge that the tenant wrongfully holds against the right of the landlord he may order the issue of the writ.

Proceedings court records.

70(3)

Such proceedings shall form part of the records of the Court of Queen's Bench.

Power to amend.

71

The judge has the same power to amend or excuse irregularities in the proceedings as he would have in an action.

Appeal from order.

72(1)

An appeal lies to The Court of Appeal from the order of the judge granting or refusing a writ of possession; and the provisions of The Queen's Bench Act as to appeals apply to the appeal.

Discharging order for possession.

72(2)

Where The Court of Appeal is of opinion that the right to possession should not be determined in a proceeding under this Part, the court may discharge the order of the judge, and the landlord may in that case proceed by action for the recovery of possession.

Possession restored.

72(3)

When the order is discharged, if possession has been given to the landlord under a writ of possession, the court may direct that possession be restored to the tenant.

SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT

Application for possession on failure to pay rent.

73(1)

If a tenant fails to pay his rent within three days after the time agreed upon, and wrongfully refuses or neglects upon demand made in writing and served upon him to pay the rent or to deliver up the premises demised, the landlord may apply to a judge of the Court of Queen's Bench for an order for eviction of the tenant from the premises.

Application of subsecs. 67(2), (3) and (4) to application.

73(2)

Subsections 67(2), 67(3) and 67(4) apply with such modifications as the circumstances require to an application made under subsection (1).

Hearings.

73(3)

At the time and place appointed for the inquiry and the determination of the application under subsection (1) the judge of the Court shall hear the evidence adduced upon oath and may make such order, either to confirm the tenant in possession or to deliver up possession to the landlord, as the facts of the case may warrant, and the order may be in Form 4 in the Schedule.

Enforcing order for possession.

73(4)

Where the order is made for the tenant to deliver up possession and he refuses, a bailiff of the Court shall, with such assistance as he may require, forthwith proceed, under the order, to eject and remove the tenant, together with all goods and chattels that he may have on or about the premises, and make the rent in arrear and place the landlord in possession of the premises.

Payment of rent a stay.

73(5)

Where a tenant, before the execution of the order, pays the rent in arrear and all costs, the proceedings shall be stayed and the tenant may continue in possession as of his former tenancy.

Procedure in case of vacancy.

73(6)

Where the premises in question are vacant, or the tenant is not found in possession, or if in possession and he refuses, on demand made in the presence of a witness, to admit the bailiff, the latter, after a reasonable time has been allowed to the tenant or person in possession to comply with the demand for admittance, may force open any outer door in order to gain an entrance, and may also force any inner door, for the purpose of ejecting the tenant or occupant and giving proper possession of the premises to the landlord or his agent.

Costs.

74

The judge may award such costs as he sees fit, and as the circumstances of the case warrant, to the landlord or the tenant, as the case may be; and those costs, if payable by the tenant, may be added to the costs of the levy for rent, if any such is or is to be made, or in any case, may be recovered by action against the landlord or tenant in the Court.

Order by court for money payments.

75(1)

Where, in any proceedings before him under this Act, a judge finds that any net amount is due from any party to the proceedings to any other party thereto after making allowance for any amount found to be due from that other party to the party first mentioned, the judge may make an order for the payment of the net amount so found by the party by whom it is payable, together with the costs, if any, payable by him as fixed by the judge.

Order is a judgment of court.

75(2)

Every order made under subsection (1) may be filed in the office of the Court, and when so filed it shall be conclusively deemed to be, for all purposes, a judgment of the Court of Queen's Bench and enforceable as such.

Distraint of farm property abolished.

76

Notwithstanding anything contained in this or any other Act of the Legislature, any provision in any contract or any principle of common law, no landlord shall distrain for default in payment of rent by a tenant of farm property.

Provisions of Part IV to prevail.

77

The provisions of Parts I, II and III to the extent that they apply to tenancies of residential premises are subject to the provisions of Part IV but where there is a conflict between any provision of Part I, II or III and the provisions of Part IV, the provisions in Part IV prevail.

PART IV

Application of Part IV.

78(1)

Except as specifically provided in this Part, this Part applies to tenancies of residential premises and tenancy agreements notwithstanding any other Act or Parts I, II or III of this Act or any agreement or waiver to the contrary entered into or renewed before and subsisting when this Part comes into force or entered into after this Part comes into force.

Application to Crown.

78(2)

Part IV of this Act applies to the Crown and to Crown agencies and corporations.

Definition of "rent".

79

In this Part, "rent" includes any amount paid or given by or on behalf of a tenant as consideration for occupancy of residential premises or for any service, privilege, accommodation or thing that the landlord provided or grants to or for the tenant whether or not a separate charge is made for the service, privilege accommodation or thing.

Landlord to provide tenant with copy of agreement.

80(1)

Where, after the coming into force of this Part, a tenancy agreement in writing

(a) is executed by both the tenant and the landlord or his agent; or

(b) is executed by the tenant and delivered to the landlord for execution by him or his agent;

the landlord or his agent, as the case may be, shall within 21 days after execution under clause (a) or within 21 days after delivery by the tenant under clause (b), provide the tenant with a fully executed duplicate original copy of the tenancy agreement.

Failure to deliver copy of tenancy agreement.

80(2)

Where a copy of the tenancy agreement is not delivered to the tenant in accordance with subsection (1), the obligations of the tenant thereunder cease until the copy is delivered to him.

Security deposits.

81(1)

A landlord shall not require or receive a security deposit from a tenant under a tenancy agreement entered into or renewed after this Part comes into force in an amount that exceeds one half month's rent under the tenancy agreement and where a landlord requires and receives a security deposit from a tenant, he shall at the time the security deposit is received give to the tenant a written acknowledgment that the deposit has been received and the date and amount thereof.

Disposition of excess security deposit.

81(2)

Where a landlord receives a security deposit that exceeds one-half month's rent under a tenancy agreement, the rentalsman

(a) may order the landlord to refund to the tenant forthwith, the excess amount with interest thereon calculated in accordance with the regulations; or

(b) may order the landlord to pay the amount of the excess with interest thereon calculated in accordance with the regulations to the rentalsman, who shall thereupon pay those moneys over to the tenant; or

(c) may direct the tenant to deduct the amount of the excess with interest thereon calculated in accordance with the regulations from the rent to be paid by the tenant to the landlord from the next ensuing rental period or periods depending upon the amount of the excess involved.

Damage.

81(3)

In determining the disposition of a security deposit, ordinary wear and tear shall not constitute damage to the premises.

Post-dated cheques.

81(4)

On, from and after the coming into force of this Part, a tenancy agreement shall not include a provision for the delivery of more than one post-dated cheque or other negotiable instrument to be used for the payment of rent for the next ensuing rental period.

Coercing tenant to deliver post-dated cheques.

81(5)

Where a landlord or his agent coerces or attempts to coerce a tenant or offers any monetary or other consideration to a tenant to induce the tenant to deliver any post-dated cheques or other instruments to be used for payment of rent to the landlord or agent contrary to subsection (4), the landlord or agent, as the case may be, is guilty of an offence under this Act.

Appointment of rentalsmen.

82(1)

For the purposes of this Part, the Lieutenant Governor in Council may designate one or more persons as rentalsmen who shall, in addition to carrying out such duties as are required by this Act, carry out such other duties and perform such functions as may be prescribed by the Lieutenant Governor in Council.

Rentalsmen appointed for specified area.

82(2)

A rentalsman designated under subsection (1) may be designated from among persons employed in the government service and may be required to serve within a specified area of the province.

Functions of office of rentalsman.

82(3)

Except as otherwise provided in this Act, the functions of the office of rentalsman are

(a) to advise landlords and tenants in tenancy matters;

(b) to receive complaints and mediate disputes between landlords and tenants;

(c) to disseminate information for the purpose of educating and advising landlords and tenants concerning rental practices, rights and remedies; and

(d) to receive and investigate complaints of conduct in contravention of legislation governing tenancies.

Authorized person may file complaint.

82(4)

For the purpose of clauses (3)(b) and (d), any person who has proper knowledge and is duly authorized by the landlord or tenant, may file a complaint under either or both of those clauses with the rentalsman on behalf of the landlord or tenant, as the case may be.

Rentalsman may levy an administration fee.

82(5)

Where the rentalsman takes action under subsection 95(8), 116(5) or (7), for the purpose of defraying the cost of administration in whole or in part, he may levy an administration fee on the landlord as follows:

(a) under subsection 95(8) a reasonable sum not exceeding $50.; and

(b) under subsection 116(5) or (7), a fee of 10% of the cost of the repair, up to a maximum of $200.

Deduction of fees from moneys payable to landlord.

82(6)

Where the rentalsman has in his possession or control moneys to which the landlord is entitled, he may deduct from those moneys any fee levied by him under subsection (5) and remit the balance to the landlord.

Access to premises and documents.

82(7)

For the purpose of investigating a specific complaint under this Act, the rentalsman or any person authorized by the rentalsman for the purpose, shall have access at any reasonable time to

(a) residential premises to which this Act applies, where there are reasonable and probable grounds to believe that access to those premises will assist in the investigation of the complaint; and

(b) specific documents, correspondence and records in those premises which are relevant to the complaint;

and the rentalsman or person may make copies of, or take extracts from, the documents, correspondence and records.

Information confidential.

82(8)

Except for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act, neither the rentalsman nor any authorized person shall

(a) knowingly communicate, or allow to be communicated, to any person any information obtained by or on behalf of the rentalsman under this section; or

(b) knowingly allow any person to inspect, or to have access to, any copy of any book, record, document, file, correspondence, or other record obtained by, or on behalf of, the rentalsman under this section.

Exception.

82(9)

Subsection (8) does not prohibit

(a) the communication of information by the rentalsman to persons charged with the administration of any statutes of Canada or of any other province that relate to the subject matter of this Act; or

(b) the communication by the rentalsman of any information with the consent of the person to whom that information relates; or

(c) the release or publication by the rentalsman, with the consent of the owner of any book, record, document, file, correspondence, or other record, or a copy thereof.

Authority for access.

82(10)

Where a person refuses to grant access to residential premises or refuses to produce documents, correspondence or records for purposes of subsection (7), the rentalsman or any person authorized by the rentalsman for the purpose may apply to a justice for an order

(a) granting the rentalsman or person access to the residential premises; or

(b) granting the rentalsman or person access to specific documents, correspondence and records in those premises which are relevant to the complaint; or

(c) authorizing the rentalsman or person to make copies of, or take extracts from, the documents, correspondence and records;

or to do two or more of those things.

Where order may be issued.

82(11)

A justice may, on an ex parte application where necessary, issue the order referred to in subsection (10) if the justice is satisfied that

(a) there are reasonable and probable grounds to believe that access to the residential premises in question will assist in the investigation of the complaint; and

(b) the authority for access is reasonable and necessary for purposes of investigating the complaint.

Return of security deposit.

83(1)

Where a landlord or anyone on his behalf receives from a tenant a security deposit, the landlord shall, subject to section 84, within 14 days after the expiration or termination of the tenancy return the security deposit with interest thereon calculated at the rate as set out in the regulations.

Rentalsman may order return of security deposit.

83(2)

Where the rentalsman is satisfied

(a) that a security deposit has not been returned to a tenant in accordance with subsection (1): and

(b) that there is no agreement as mentioned in subsection 84(1); and

(c) that the landlord has not objected to the return of the security deposit with interest thereon to the tenant;

the rentalsman may order the landlord to pay over the security deposit together with interest thereon as mentioned in subsection (1) to the rentalsman.

Rent payable to provide deposit.

83(3)

Where, under subsection (2) the rentalsman orders a landlord to pay over a security deposit and the landlord fails, refuses or neglects to comply with the order within 14 days after the day the order is made, the rentalsman may order any tenants of premises in the building to pay to the rentalsman any rents due and payable or becoming due and payable to the landlord until sufficient moneys are received by the rentalsman to satisfy the order for the payment of the security deposit.

Payments under subsection (3) deemed to be rent.

83(4)

Where a tenant pays rent to the rentalsman in accordance with an order made under subsection (3) and not to the landlord, the payment to the rentalsman shall be conclusively deemed to be payment of rent to the landlord and not a failure or refusal by the tenant to pay his rent.

Agreement to be in writing.

84(1)

Where at the time that a security deposit and interest thereon becomes refundable by a landlord to a tenant and the landlord and tenant agree without the intervention of the rentalsman as to the disposition of the security deposit and interest, the agreement shall be reduced to writing and signed by the landlord and tenant and a copy of the agreement is to be retained by the landlord, and one copy by the tenant.

Rentalsman not bound by agreement.

84(2)

Where the agreement referred to in subsection (1) is not in writing, the rentalsman in mediating or arbitrating a dispute with respect to the disposition of a security deposit and interest thereon is not required to give any effect to the agreement.

Objection by a landlord to return of deposit.

84(3)

Where a landlord objects to the return of a security deposit or any part thereof to the tenant on the allegation of the landlord

(a) that the tenant has caused damage to the residential premises concerned; or

(b) that the tenant is in arrears in payment of his rent;

the landlord within 14 days after the tenant has vacated the premises shall in writing notify the rentalsman and the tenant of his reasons for objecting to the return of the security deposit or any part thereof to the tenant, and at the same time forward to the rentalsman that part of the security deposit that has not been returned to the tenant with interest thereon calculated at the rate set out in the regulations.

Rentalsman to notify tenant of receipt of security deposit.

84(4)

Where the rentalsman receives the security deposit and interest thereon pursuant to subsection (3) he shall in writing notify the tenant accordingly together with a statement of the allegations of the landlord made to the rentalsman under that subsection and the tenant may, within 30 days of the date of the notification in writing notify the rentalsman of any objections that he has with respect to the allegations of the landlord.

Rentalsman may make disposition.

84(5)

Where following a notification under subsection (4) the tenant fails, refuses or neglects to notify the rentalsman of any objection as required under that subsection the rentalsman may make such disposition of the allegations of the landlord and the security deposit and interest thereon as he considers just and reasonable under the circumstances.

Rentalsman to endeavour to obtain agreement.

84(6)

Where an objection to the allegations of the landlord is filed under subsection (4), the rentalsman shall as soon as is reasonably possible endeavour to obtain an agreement between the landlord and tenant as to the manner in which the security deposit should be dealt with, and if the landlord and tenant fail to reach an agreement, the rentalsman shall continue to hold the deposit and interest thereon to be disposed of in accordance with subsection (7), (9) or (10), as the case may require.

Arbitration.

84(7)

Notwithstanding subsection (6), where there is disagreement between a landlord and a tenant as to the manner in which a security deposit and the interest thereon is to be dealt with, the landlord and tenant may in writing agree to have the rentalsman act as an arbitrator; and in such a case, the finding of the rentalsman is final and binding on the landlord and tenant and is not subject to appeal or review by any court of law.

Arbitration Act not to apply.

84(8)

The Arbitration Act does not apply to an arbitration under subsection (7).

Duration of mediation or arbitration.

84(9)

Where under this section a rentalsman mediates or arbitrates a dispute respecting the disposition of a security deposit and the interest thereon, and fails to complete the mediation or arbitration, as the case may be, he shall in writing forthwith notify the parties concerned of his inability to complete the mediation or arbitration together with his reasons for failing to complete the mediation or arbitration; and if within ten days from the date of receipt of the notification the landlord does not commence an action for the security deposit and interest held by the rentalsman, the rentalsman shall return the security deposit and interest to the tenant.

Whereabouts of tenant unknown.

84(10)

Where, pursuant to subsection (9), the rentalsman has made declaration of inability to complete mediation or arbitration, and the present location of the former tenant is unknown to the landlord, the rentalsman may, if he is satisfied that the landlord has diligently sought to ascertain the present whereabouts of the former tenant, within the 10 day period required under subsection (9)

(a) provide the current address of the tenant to the landlord, if it is known by the rentalsman; or

(b) if the rentalsman does not have knowledge as to the former tenant's present address or location, the rentalsman may determine the disposition of the security deposit and interest in such manner as may appear reasonable and just; and the determination of the rentalsman under clause (b) is final and binding on all parties.

Distress abolished.

85

No landlord shall distrain for default in payment of rent whether a right of distress has heretofore existed by statute, the common law or contract.

Interesse termini abolished.

86

The doctrine of interesse termini is abolished, and all tenancy agreements are capable of taking effect at law or in equity from the date fixed for commencement of the term, without actual entry or possession.

Frustration.

87

The doctrine of frustration of contract applies to tenancy agreements and The Frustrated Contracts Act applies thereto.

Covenants inter-dependent.

88

Subject to this Part, the common law rules respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party apply to tenancy agreements.

Covenants in posse and in esse.

89

Covenants concerning things related to the rented premises, including convenants relating to the payment by the tenant of a security deposit and the refund thereof by the landlord, run with the land whether or not the things are in existence at the time of the demise.

Right to assign or sublet.

90(1)

Subject to subsection (3), a tenant has the right to assign, sublet or otherwise part with possession of the rented premises.

Exception.

90(2)

Subsection (1) does not apply to a tenant of premises administered by or for the Government of Canada or Manitoba or a municipality, or any agency thereof, or otherwise administered under the National Housing Act (Canada).

Consent.

90(3)

A tenancy agreement may provide that the right of a tenant to assign, sublet or otherwise part with possession of the rented premises is subject to the consent of the landlord, and, where it is so provided, the consent shall not be arbitrarily or unreasonably withheld.

Charges.

90(4)

A landlord shall not make any charge for giving his consent referred to in subsection (3) except his reasonable expenses incurred thereby, not exceeding the sum of $20.

Mitigation of damages.

91(1)

Where a tenant abandons the premises in breach of the tenancy agreement, the landlord's right to damages is subject to the same obligation to mitigate his damages as applies generally under the rule of law relating to breaches of contract.

Storage of personal property.

91(2)

Except where a landlord and tenant have agreed in writing for the storage of any personal property of the tenant, if

(a) the tenant abandons the residential premises contrary to the tenancy agreement; or

(b) the tenant vacates the residential premises upon the termination or expiration of the tenancy agreement;

the landlord may remove any personal property left on the premises by the tenant and place them in safe storage for a period of at least two months, and shall forthwith provide the rentalsman with an inventory of the personal property so stored.

Worthless personal property.

91(3)

Notwithstanding subsection (2), where the landlord alleges that personal property left on the premises by a tenant who has abandoned the premises or has gone out of possession of the premises upon the termination or expiration of the tenancy agreement

(a) is worthless; or

(b) is unsanitary or unsafe to store; or

(c) the sale thereof would realize an amount that is less than the cost of removing, storing and sale;

the rentalsman may permit the landlord to dispose of the personal property in such manner and subject to such terms and conditions as the rentalsman may authorize.

Sale of personal property.

91(4)

Where the tenant or any person claiming title to the personal property has not claimed the personal property after two months have expired, the landlord may by public auction sell them or any part thereof, and after the sale the landlord

(a) is entitled to recover back from the proceeds of the sale any actual expenses accrued in respect of the storage and cost of sale and the amount of any judgment given under section 106; and

(b) shall record details of the sale and disposition of the proceeds to the rentalsman; and

(c) shall pay any excess of the sale proceeds over to the rentalsman who shall in turn pay them out to the Minister of Finance if they are unclaimed by the tenant within one year of the sale.

Privacy.

92(1)

Except in cases of emergency and except where the landlord has a right under a tenancy agreement to show the premises to prospective tenants at reasonable hours after notice of termination of the tenancy has been given or to show the premises to prospective buyers during reasonable hours, the landlord shall not exercise a right to enter the rented premises unless he has first given written notice to the tenant not more than 48 hours or less than 24 hours before the time of entry which shall be during daylight hours and specified in the notice; but nothing in this section shall be construed so as to prohibit entry with the consent of the tenant given at the time of entry or where a tenant voluntarily gives consent in writing for a specific purpose or occasion.

Order of rentalsman for landlord's access to premises.

92(2)

Where

(a) a dispute arises between a landlord and his tenant as to the right of the landlord to enter premises occupied by the tenant; or

(b) a landlord is unable to exercise his right or is obstructed in exercising his right to enter premises occupied by any of his tenants;

the landlord or the tenant may refer the matter to the rentalsman, who after considering all the circumstances of the matter, may make such order as to him seems just and reasonable.

Offence and penalty.

92(3)

Any landlord or tenant who fails, refuses or neglects to comply with an order made under subsection (2) is guilty of an offence and is liable, on summary conviction to a fine not exceeding $100.

Entry during election campaigns.

93

No landlord or servant of a landlord shall restrict reasonable access to the rented premises by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly, any office in a municipal or metropolitan government or a school board for the purpose of canvassing or distributing election material.

Alteration of locks.

94(1)

Subject to subsection (2), a landlord or tenant shall not, during occupancy of the rented premises by the tenant alter or cause to be altered the locking system on any door giving entry to the rented premises except by mutual consent or except where the rentalsman is of the opinion that the alteration is reasonable.

Safety devices on premises.

94(2)

Every landlord who rents residential premises to a tenant shall install or cause to be installed on the premises, including the door giving entry to the premises, devices necessary to make the premises reasonably secure from unauthorized entry.

Landlord's responsibility to repair.

95(1)

Subject to subsection (2), a landlord is responsible for providing and maintaining the rented premises in a good state of repair and fit for habitation during the tenancy and for complying with health and safety standards, including any housing standards required by law, and notwithstanding that any state of non-repair existed to the knowledge of the tenant before the tenancy agreement was entered into.

Responsibility of tenant.

95(2)

The tenant shall

(a) be responsible for ordinary cleanliness of the rented premises; and

(b) take reasonable care of the rented premises and repair damage to the rented premises caused by his wilful or negligent conduct or such conduct by persons who are permitted on the premises by him; and

(c) take all reasonable precaution to avoid causing a nuisance or disturbance to other persons resident in the same building by any person resident in his rented premises or by others who are permitted on the premises by him.

Failure to fulfil obligation.

95(3)

A failure by a landlord or a tenant to fulfil any of his obligations or responsibilities under this section shall be sufficient reason for the non-offending party to terminate the tenancy agreement by giving to the other party a notice to terminate on or before the last day of any rental payment period to be effective on the last day of the following rental payment period but where the failure is by a tenant in respect of his obligations under clause (2)(b) or (c), the landlord, notwithstanding any other provision of this Act, may terminate the tenancy agreement to take effect on the fifth day following the date on which notice to terminate is given to the tenant by the landlord.

Creating a nuisance or disturbance.

95(4)

Where a tenant or any person who is permitted on the premises by the tenant, causes a nuisance or disturbance to other residents in the building, the landlord of his own volition, or upon complaint made to him by any person resident in the building, shall, if he is satisfied that the complaint is justified, request the tenant or the person causing the nuisance or disturbance to discontinue the nuisance or disturbance; and if it is not discontinued upon request, the landlord or the complaining resident in the building may lay an information before a provincial judge against the offending tenant or person, or both of them.

Offence and penalty for creating nuisance or disturbance.

95(5)

Where the provincial judge who hears an information laid under subsection (4) finds that a nuisance or disturbance was caused as alleged and that the tenant or person failed upon request by the landlord to discontinue the nuisance or disturbance, the tenant, or the person who caused the nuisance or disturbance is guilty of an offence and on summary conviction is liable to a fine of not less than $25. or more than $100. for a first offence and not less than $50. or more than $200. for any subsequent offence committed on the same premises.

Reference of complaint to rentalsman.

95(6)

Where an information is laid under this section, the provincial judge may, before adjudicating thereon, refer the matter to the rentalsman who shall investigate the matter and report his findings to the provincial judge.

Failure to supply services.

95(7)

Where under the terms of a tenancy agreement, the landlord is responsible for the provision of heat, water and electric power services, or any one or more of them, and the landlord fails or neglects to fulfil his obligation to provide these services, or it appears that a tenant may be deprived of any of those services due to the failure of the landlord to meet his obligation to the vendor of any of those services, the tenant shall, upon the instruction of the rentalsman, pay the rent as it falls due to the rentalsman.

Disposition of rent.

95(8)

Where the rent is paid to the rentalsman under subsection (7), the tenant shall not be held to be in arrears of his rent and the rentalsman may

(a) hold and continue to receive rents until the landlord provides for the use of the tenant heat, water or electric power services as the case may be; and

(b) where necessary, pay to the vendor of heat, water or electric power services from the rent received, an amount sufficient to ensure the supply of those services to the landlord by the vendors.

Payment of excess rents to landlord.

95(9)

Where the rentalsman has collected rents in excess of any amount required to be paid under clause (8)(b), he shall, subject to subsections 82(5) and (6), refund the excess to the landlord.

Relief against acceleration clauses.

96

Where default has occurred in the payment of rent due under a tenancy agreement or in the observance of any obligation of the tenant and under the terms of the tenancy agreement, by reason of such default, the whole or any part of the remaining rent for the term of the tenancy has become due and payable, at any time before or after the commencement of an action for the enforcement of the rights of the landlord and before judgment, the tenant may

(a) pay only the rent due and payable at the time of the default, other than future rent, with interest thereon at the same rate that a landlord is required to pay on the return of a security deposit to a tenant; or

(b) perform the obligation, and pay any reasonable expenses necessarily incurred by the landlord in bringing the action;

and thereupon he is relieved from the consequences of the default.

Notice of termination of tenancy.

97

A tenancy agreement may be terminated by either the landlord or the tenant upon notice to the other and, unless otherwise agreed upon at the time when the notice is given, the notice

(a) shall meet the requirements of section 98; and

(b) shall be given in sufficient time to give the period of notice required by section 99.

Notice.

98(1)

A landlord or a tenant may give notice to terminate either orally or in writing, but a notice by a landlord to a tenant is not enforceable under section 99 unless it is in writing.

Content of notice.

98(2)

A written notice to terminate

(a) shall be signed by the person giving the notice, or his agent;

(b) shall identify the premises in respect of which the notice is given;

(c) shall state the date on which the tenancy is to terminate or that the tenancy is to terminate on the last day of the period of the tenancy next following the giving of the notice; and

(d) shall state the reason for the termination of the tenancy.

Saving.

98(3)

A notice may state both

(a) the date on which the tenancy is to terminate; and

(b) that the tenancy agreement is to terminate on the last day of the rental payment period as defined in section 99, following the date on which the notice is given in accordance with that section;

and if it does state both, and the date on which the tenancy is to terminate is incorrectly stated, the notice is nevertheless effective to terminate the tenancy as provided under clause (b).

Forms of notice.

98(4)

A notice need not be in any particular form, but a notice by a landlord to a tenant may be in Form 5 of the Schedule and a notice by a tenant to a landlord may be in Form 6 of the Schedule.

No fee for notice to vacate.

98(5)

A landlord shall not charge his tenant any fee for a notice to vacate residential premises.

Notice by tenant.

98(6)

Notwithstanding subsection (1) where a tenant gives oral notice to terminate to a landlord, the landlord may, at the time the oral notice is given, produce and require the tenant to sign in duplicate a written notice to terminate which may be in accordance with subsection (4) and immediately upon completion of the notice by the tenant the landlord shall give one copy to the tenant; and where the landlord produces the notice and the tenant fails or refuses to sign the notice, the oral notice shall be deemed not to have been given by the tenant to the landlord.

Termination of mobile home site tenancy.

98(7)

Where a tenancy is for the rental of a mobile home site, and the landlord intends to use the site for a purpose other than as a mobile home site a notice to terminate the tenancy given by the landlord to the tenant shall be given at least six months in advance of the termination date of that tenancy.

Mobile home tenant may terminate tenancy.

98(8)

Where a tenant of a mobile home site receives a notice under subsection (7), he may terminate the tenancy agreement by giving the landlord one month's notice in writing.

Tenancy agreement continued for duration of notice.

98(9)

Where a notice under subsection (7) has the effect of terminating a tenancy agreement on a date that extends beyond the expiry date of a tenancy agreement entered into between the landlord and the tenant, the tenancy agreement is deemed to be continued for the additional period under the same terms, conditions and rent payable under the tenancy agreement.

Non-application of subsection (7).

98(10)

Subsection (7) does not apply where the tenant is in arrears of rent or is in default of his obligations under subsection 95(2).

Offence and penalty.

98(11)

Where a landlord gives a notice to a tenant under subsection (7) and thereafter the tenant vacates the site but the landlord instead of using the site for another purpose rents it to another tenant as a mobile home site, the landlord is guilty of an offence and liable on summary conviction to the penalties prescribed in subsection 113(1).

Term of tenancy and rental payment period defined.

99(1)

In this section

"term of tenancy" means the length of time over which the tenancy agreement is to run; ("terme")

"rental payment period" means the interval at which rent is payable under a tenancy agreement but notwithstanding any agreement to the contrary, for the purpose of this section, no rental payment period shall exceed one month. ("durée de la location")

Duration of rental payment period.

99(2)

A rental payment period need not necessarily coincide with a calendar period.

Notice to terminate a tenancy with no predetermined expiry date.

99(3)

Where a tenancy agreement has no predetermined expiry date or where a tenancy agreement is not in writing, a notice to terminate shall be given by the landlord or the tenant on or before the last day of any rental payment period to be effective on the last day of the ensuing rental payment period.

Right to continued occupancy.

99(4)

Notwithstanding that

(a) a landlord has given a tenant written notice to terminate a tenancy agreement under subsection (3); or

(b) a written tenancy agreement provides that it shall expire on a predetermined expiry date;

the tenant, unless he is in default of any of his obligations under this Act or his tenancy agreement, has the right subject to subsection (12) or (13), to continue in occupancy of the premises after the tenancy agreement is terminated by notice or otherwise expires, except where

(c) the landlord requires possession of the premises for the purpose of demolishing the premises; or

(d) the landlord requires possession of the premises for the purposes of repairing or renovating the premises and that such repairs or renovations cannot be carried out while the tenant continues to occupy the premises; or

(e) the landlord requires the premises for his own occupancy or for occupancy by his parents, his spouse's parents, or any of his adult children; but where a landlord denies a tenant the right to continue in occupancy for any of the reasons set out in clause (c), (d) or (e), he shall state his reasons for doing so in a written notice to terminate given by the landlord to the tenant in accordance with section 98 and subsection (3); or where the tenancy agreement has a predetermined expiry date, the landlord shall give written notice to terminate to the tenant at least three months prior to the expiry date of the existing tenancy agreement.

Notice of termination by landlord.

99(5)

Where the tenant's right to continued occupancy is terminated by a landlord for any of the reasons set out in clause (4)(c), (d) or (e), the landlord shall, except in a case to which subsection 109(5) applies

(a) in accordance with section 98, give to the tenant not less than three months written notice of the termination; and

(b) forthwith provide the rentalsman with a copy of the notice.

Informal resolution of matter.

99(6)

Upon the receipt of a copy of the notice under subsection (5), the rentalsman shall, in writing, advise the landlord and the tenant that they may, to their mutual satisfaction, informally resolve the matter of the termination of the tenancy agreement, including the payment of compensation, if any, by the landlord to the tenant, not later than 45 days immediately preceding the date of the termination of the tenancy agreement as set out in the notice.

Notification of failure to rentalsman.

99(7)

Where the landlord and tenant fail or refuse to resolve the matter of the termination of the tenancy agreement, the payment of compensation by the landlord and any other matter that may be relevant, within the time mentioned under subsection (6), either the landlord or the tenant may in writing so notify the rentalsman.

Rentalsman to fix amount, if any, of compensation.

99(8)

Upon being notified of the failure or refusal of the landlord and tenant to arrive at a satisfactory agreement as mentioned in subsection (7), the rentalsman shall, after consultation with both parties, determine what, if any, compensation, not exceeding $250., should be paid by the landlord to the tenant for the purpose of assisting the tenant in paying his cost of moving.

Termination where premises administered for government.

99(9)

Where premises are administered by or for the Government of Canada or Manitoba, or any agency thereof, or any municipality, or are otherwise administered under the National Housing Act (Canada), the landlord may, subject to section 98 and for any of the reasons set out in subsection (4) or by virtue of any provision relating to or arising out of the requirements or program described under the National Housing Act (Canada), terminate the tenancy

(a) where the tenancy agreement has no predetermined expiry date or where the tenancy agreement is not in writing by giving the notice in accordance with subsection (3); or

(b) where there is a written tenancy agreement with a predetermined expiry date, by giving the notice to the tenant at least three months prior to the expiry date of the existing tenancy agreement.

Non-application of certain provisions.

99(10)

Subsections (5), (6), (7) and (8) do not apply

(a) to the owner or occupant of a residential dwelling unit who uses or occupies the unit as his primary residence and who rents that unit to a tenant for a temporary period and on the understanding that the tenant shall give up vacant possession of the unit to and for the use of the owner or occupant at the end of the temporary period; but in every such case the owner or occupant shall give to the tenant at least one month's notice to vacate the dwelling unit; or

(b) to building premises that contains not more than six residential units and the termination of any of the residential tenancies therein is required for the purposes mentioned in clause (4)(d); but in every such case the landlord shall give to the tenant at least three months' notice to vacate the premises; or

(c) to residential premises administered as mentioned in subsection (9).

Offences and penalties.

99(11)

A landlord who terminates a tenancy

(a) for the reason mentioned in clause (4)(c) but who before demolition rents the premises to another tenant; or

(b) for the reasons mentioned in clause (4)(d) but who before carrying out the alleged repairs or renovations rents the premises to another tenant; or

(c) for the reasons mentioned in clause (4)(e) but who fails to occupy the premises in accordance with the provisions of that clause within one month from the date of the termination of the tenancy and for a period of at least one year thereafter; or

(d) who fails or refuses to pay to the tenant the amount of money he is required to pay under subsection (8);

is guilty of an offence and on summary conviction is liable to a fine of not more than $1,000., and the court may, in addition to the fine, order the landlord to pay to the tenant an amount not exceeding $500.

Tenancy deemed to be renewed.

99(12)

Where a tenancy agreement has no predetermined expiry date and the tenant exercises his right to continue in occupancy as provided in subsection (4), his tenancy agreement, whether written or oral, shall be deemed to have been renewed except that the rent may be varied in accordance with section 112.

Limitation on term of tenancy agreement.

99(13)

Where a tenant is in possession of premises under a tenancy agreement having a predetermined expiry date, the landlord shall submit to the tenant at least three months prior to the expiry date of the existing agreement, a tenancy agreement but that tenancy agreement shall not provide for a term of tenancy that is less than or longer than 12 months, except by the mutual consent of the landlord and tenant and at the same time that he submits the tenancy agreement, the landlord shall advise the tenant of his right to continue in occupancy, his obligation to execute the agreement at least two months before expiry of the existing agreement and the consequences of the tenant's failure to do so.

Execution of tenancy agreement.

99(14)

At least two months prior to the expiry date of the existing tenancy agreement, the tenant shall either execute or refuse to execute the tenancy agreement submitted to him under subsection (13), but

(a) where the tenant refuses to execute the tenancy agreement or where he fails or neglects to execute the tenancy agreement as required, he shall be deemed to have given notice to the landlord of his intention to terminate his tenancy on the expiry date of the existing tenancy in which case he has no right to continue in occupancy of the premises after the expiration of the existing tenancy agreement; and

(b) where the landlord fails, refuses or neglects to submit another tenancy agreement to the tenant as required and the tenant continues in occupancy after the expiry date of his existing tenancy agreement, the existing tenancy agreement shall be deemed renewed for a further six month period on the same terms and conditions as the existing tenancy agreement.

Tenancy agreement subject to Residential Rent Regulation Act.

99(15)

Where under subsection (14), a tenant executes a tenancy agreement of residential premises to which The Residential Rent Regulation Act applies, the tenancy agreement is and shall be conclusively deemed to provide that it is subject to any variation in a rent increase which may be allowed as a result of an application, objection or proceeding under that Act.

Determination of certain disputes.

99(16)

Where a dispute arises as to the right of a tenant to continue in occupancy or with respect to any of the terms and conditions under which the tenant continues in occupancy of the premises, either the landlord or the tenant may refer the dispute to the rentalsman for a determination thereof.

Where rentalsman may not consider.

99(17)

Notwithstanding subsection (16), the rentalsman shall not consider a dispute between a landlord and tenant where

(a) the rentalsman is of the opinion that the dispute is of such a serious nature that it should be resolved by a court; or

(b) either the landlord or tenant had or has applied to a court for a resolution of the dispute and the dispute was previously resolved by the court or is currently before the court.

Appeal to court.

99(18)

Either the landlord or the tenant may, within 10 days of the date of the determination, appeal the determination of the rentalsman under subsection (16) to the Court of Queen's Bench in which case the appeal shall be heard by way of a trial de novo, and until the final disposition of the appeal, the landlord is not entitled to take possession of the premises.

Possession by landlord.

99(19)

Where a landlord provides residential premises

(a) to a person in consideration in whole or in part, of custodial or management services, and the arrangement is cancelled by either party; or

(b) to a tenant who is an employee of the landlord as a term of, or in connection with his employment and the employment is terminated by either party, the landlord, notwithstanding any other provision of this Act shall be entitled to terminate the tenancy by giving to the tenant one month's notice to terminate but where the tenant is creating a nuisance or disturbance; or is damaging the premises, the landlord may terminate the tenancy to take effect on the fifth day following the date on which the notice to terminate is given to the tenant.

Inability to pay rent.

99(20)

Notwithstanding any other provision of this Act, where

(a) residential premises are occupied by two or more tenants and

(i) because of the deterioration of health or physical condition of the tenant who pays the rent, the tenants are unable to pay their rent, or

(ii) one of the tenants dies and the income of the remaining tenants is insufficient to pay the rent; or

(b) residential premises are occupied by a single tenant who

(i) because of deterioration of health or physical condition, is unable to pay the rent, or

(ii) dies during the term of the tenancy agreement;

the tenant, or the heirs, assigns or legal personal representative of the tenant, as the case may be, may terminate the tenancy agreement by giving the landlord one month's notice, accompanied, where applicable, by a medical certificate; and thereupon the tenant, or the heirs, assigns or legal personal representative of the tenant, is or are relieved of any liability under the tenancy agreement after the date of its termination.

Failure to pay rent constitutes termination of tenancy.

100(1)

Where a tenant fails to pay his rent within three days from the date on which the rent falls due and payable and refuses or neglects on demand made in writing and served on the tenant to pay the rent the failure, refusal or neglect constitutes at the option of the landlord a termination of the tenancy agreement effective on the date when the rent fell due and payable, for the purposes of sections 104 to 106 and at the option of the landlord, the demand may include a notice to terminate.

Non-application of subsection (1).

100(2)

Subsection (1) does not apply where the tenancy agreement is terminated under any of the circumstances described in subsection 99(16).

Providing name and address to tenants.

101(1)

Where a landlord lets more than one residential premises in the same building the landlord shall provide each tenant with a copy of sections 97 to 99 inclusive together with the legal name of the landlord and his address for service, and any proceeding taken by or on behalf of a tenant may be commenced against the landlord in the name so provided.

Delivery of information to tenants.

101(2)

The landlord may provide the tenant with the information described in subsection (1) by registered or certified mail or by delivering it or causing it to be delivered to the tenant in person.

Notification of change in ownership.

102

Where ownership of residential premises passes from one person to another for any reason

(a) the former owner shall on or before the date of possession by the new owner, pay over to the new owner the security deposit and accrued interest thereon held by him with respect to each tenant of the premises; and

(b) the new owner or his agent shall within 14 days from the date of possession of the premises by him, notify each tenant in writing of the name of the new landlord and the amount of security deposit and accrued interest paid over to the new owner under clause (a).

Compensation when premises not vacated.

103(1)

A landlord is entitled to compensation for the use and occupation of premises after the tenancy has been terminated by notice.

Effect of payment by overholding tenant.

103(2)

The acceptance by a landlord of arrears of rent or compensation for use or occupation of the premises after notice of termination of the tenancy has been given, does not operate as a waiver of the notice or as a reinstatement of the tenancy or as the creation of a new tenancy unless parties so agree.

Burden of proof.

103(3)

The burden of proof that the notice has been waived or the tenancy has been reinstated or a new tenancy created is upon the person so claiming.

Application for order of possession.

104(1)

Where a tenant, after his tenancy has expired or has been terminated, does not go out of possession of the premises held by him, the landlord may apply to a judge of the Court of Queen's Bench for an order for possession.

Service of application.

104(2)

The application together with the supporting affidavit mentioned in subsection (3) shall be filed in the court and served on the tenant at least five days before the day named in the application for hearing of the application.

Contents of supporting affidavit.

104(3)

The application of the landlord shall be supported by an affidavit

(a) setting out the terms of the tenancy;

(b) stating the date of expiration or termination of the tenancy;

(c) stating the failure of the tenant to deliver up possession and the reasons given for the failure, if any were given;

(d) stating the reason for the termination of the tenancy;

(e) stating, where the application includes a claim for arrears of rent, that a demand was made on the tenant in accordance with section 100; and

(f) stating any other relevant facts.

Reckoning time.

104(4)

In reckoning the time allowed for making an application or serving an application under this section, Sundays and holidays shall be excluded.

Claim for arrears and compensation.

105(1)

The application of the landlord may also include a claim for arrears of rent and for compensation for use and occupation of the premises by the tenant after the expiration or termination of the tenancy and for damages caused to the premises by the tenant or by any person allowed on the premises by him during the tenant's occupancy.

Contents of supporting affidavit.

105(2)

Where a claim is made under subsection (1) the affidavit in support of the application shall also show

(a) where a claim is made for rent, the amount of rent in arrears and the time during which it has been in arrears; and

(b) where a claim is made for compensation, particulars of the use made of the premises; and

(c) where a claim is made for damages caused to the premises by the tenant or any person allowed on the premises by him during his occupancy, particulars of the damage so caused and the value thereof.

Hearing of application.

106(1)

Upon hearing the application, or, where it is opposed, upon hearing and considering, in a summary way, the oral and affidavit evidence of the parties and their witnesses, the judge may

(a) if he is satisfied that the tenancy has expired or has been terminated, give an order for possession;

(b) where a claim for arrears of rent is proven, give judgment for the amount so proven;

(c) where a claim for compensation is made, give judgment in such amount as the judge may determine

(i) for the use and occupation of the premises after the expiration or termination of the tenancy, having regard to the nature and use and occupation and the rent payable during the tenancy, and

(ii) for any damages or charges that the landlord is or may become liable to pay to a prospective tenant to whom the landlord had obligated himself to let those premises, because of the wrongful use and occupation of the premises by the present tenant after the expiration or termination of the tenancy; and

(d) where a claim for damages caused to the premises by the tenant or any person allowed in the premises by him during his occupancy is proven, give judgment for the value of the damages so proven; and

(e) make such order as to costs as he deems proper.

Disposition.

106(2)

The judge may grant or dismiss the application in whole or in part.

Report of rentalsman's investigation for court.

106(3)

Before hearing an application under section 104 or 105, the judge may require the rentalsman to provide him with a report of any investigation conducted by the rentalsman or any person on behalf of the rentalsman, in connection with the matter.

Court may request investigation.

106(4)

Where the rentalsman has not conducted an investigation, and it is reasonable and practicable to do so, the judge may request the rentalsman to carry out the investigation and submit a report thereon to the judge.

Order without further hearing.

106(5)

Upon receipt of the report of the rentalsman under subsection (3) or (4) and the report recommends that the application for an order for possession or compensation or both be granted or denied in whole or in part, as the case may be, a judge may grant or refuse the order as he deems just without holding any further hearing.

Effect of order for possession.

107(1)

An order under section 106 granting possession

(a) shall direct the tenant to deliver up possession of the premises to the landlord by a specified date or within a specified time after service of the order on the tenant; and

(b) shall state that if the order is not obeyed by the specified date or within the specified time an Order for Eviction will issue without any further notice.

Service of order.

107(2)

An order for possession granted under section 106 shall be served on the tenant to whom it is directed.

Order for eviction.

107(3)

Where the order for possession is not obeyed by the specified date or within the specified time, the landlord is entitled, without any further notice, to be issued an order for eviction on filing an affidavit showing service of the order and that it has not been obeyed.

Payment as a stay of order.

107(4)

Where a tenant, before the execution of an order for eviction pays the rent in arrears, together with any amount awarded as compensation or damages under section 106 and all costs, the proceedings shall be stayed and the tenant may continue in possession as of his former tenancy.

Where proceedings not stayed.

107(5)

Notwithstanding subsection (4), but subject to subsection (6) where in granting an order for possession under subsection 106(1), the court found that the tenant was without justifiable or reasonable cause, habitually late in paying his rent or any arrears of rent, the order of eviction shall issue and the right of the tenant to continue in occupancy as provided under subsection (4) shall terminate.

Stay of order for possession.

107(6)

Where an order for possession is granted under section 106 and an appeal against the order is made, the order for possession is stayed until the appeal is finally disposed of, unless the judge granting the order for possession otherwise orders.

Proceedings after tenant vacates.

108

Proceedings in respect of a claim for arrears of rent or compensation may continue to judgment notwithstanding that the tenant delivers up possession of or vacates the premises after service upon him of the application.

Recovery of possession.

109(1)

Except

(a) under the authority of an order for eviction obtained under section 107: or

(b) pursuant to a determination of the rentalsman under subsection 99(16); or

(c) where the tenant has voluntarily vacated or has abandoned the premises;

the landlord is not entitled to gain possession of the premises on the ground that he is for any other reason entitled to possession.

Defences to proceedings for possession.

109(2)

In any proceedings by a landlord for possession, if the court finds that

(a) the notice to quit was given because of the tenant's complaint to any governmental authority of the landlord's violation of any statute or municipal by-law dealing with health or safety standards, including any housing standard law; or

(b) the notice to quit was given because of the tenant's attempt to secure or enforce his legal rights;

it shall refuse to grant an order for possession or an order for eviction and shall declare the notice to quit invalid and the notice to quit shall be deemed not to have been given.

No eviction during school year.

109(3)

Where a tenant of residential premises has a child of compulsory school age living with him in those premises, the landlord shall not terminate the tenancy or evict the tenant from those premises at any time during any school year in which the child is attending school.

Non-application of subsection (3).

109(4)

Subsection (3) does not apply where

(a) a tenant is in arrears of rent; or

(b) a tenant has violated subsection 95(2).

Possession after sale.

109(5)

Notwithstanding subsection (3), where a bona fide sale of residential premises that is not subject to a written tenancy agreement for a specific period, takes place and the purchaser intends to occupy the entire residential premises himself, he may obtain possession thereof by giving the tenant one month's notice to vacate the premises.

Discrimination prohibited.

110

In the renting of premises or the renewal of tenancies, no landlord shall discriminate against a tenant or prospective tenant by refusing to enter into or renew a residential tenancy agreement because of membership or participation in an association of tenants by the tenant or prospective tenant.

Restricting against trading.

111

No landlord shall demand any payment or advantage from any tradesman or deliveryman in exchange for the privilege of exclusive access to any residential premises.

Notice for increase in rent.

112(1)

A landlord shall not increase the rent payable under a tenancy agreement or any renewal, extension, revision or assignment thereof, or be entitled to recover any additional rent resulting from such an increase unless he serves on the tenant a written notice of the increase in rent at least three months before the date on which the increase is to be effective.

Only one increase per year.

112(2)

A landlord shall not increase the rent payable by a tenant with respect to any residential premises before the expiration of 12 months from the date on which the next previous increase in the rent for the residential premises was first payable by that tenant.

Application of subsecs. (2) and (4).

112(3)

Subsections (2) and (4) do not apply to or in respect of an increase in the rent for residential premises to which Part II of The Residential Rent Regulation Act applies.

Increase in rent to be equal in all rental payment periods.

112(4)

Where a landlord increases the rent payable under a tenancy agreement, the increase payable in any one rental payment period shall be equal to the increase payable in all rental payment periods.

Rent includes other considerations.

112(5)

In this Part rent includes the amount of any consideration paid or required to be paid by a tenant for occupancy of residential premises and the cost of any ancillary service or accommodation or thing that the landlord provides for the tenant.

Offences and penalties.

113(1)

Any person who contravenes section 81 or 83, or subsection 84(3), or section 85, or subsection 91(2), (3) or (4), or section 92, 93, 94 or 102, or subsection 109(1) or (3), or section 110, 111, 112, 113 or 114, is guilty of an offence and on summary conviction is liable to a fine of not more than $1,000.

Further offence.

113(2)

A landlord who gives a tenant of his a notice to quit because

(a) of the tenant's complaint to any governmental authority as mentioned in clause 109(2)(a);or

(b) of the tenant's attempt to secure or enforce his legal rights;

is guilty of an offence and on summary conviction is liable to a fine not more than $1,000.

Order to correct offence.

113(3)

Where a person is found guilty of an offence under subsection (1), the court may in addition to imposing a fine

(a) where the offence arises out of a failure to pay moneys, order the offender to pay such moneys forthwith; and

(b) where the offence arises out of the doing of anything forbidden under the Act, order the offender to take such action as may be necessary to correct the offence.

Order to pay money.

113(4)

Where an order made under subsection (3) requires payment of moneys by the offender, the order may be filed in the Court of Queen's Bench; and when so filed, the order shall for all purposes be deemed a judgment of the Court of Queen's Bench and enforceable as such.

Threats and harassment.

114

No landlord of residential premises, and no person acting on behalf of the landlord shall, directly or indirectly, coerce, threaten, intimidate or harass a tenant of the residential premises or any member of his family

(a) with a view to deterring the tenant from making a complaint, application or objection under this Act or The Residential Rent Regulation Act or intervening in any such complaint, application or objection or launching an appeal under The Residential Rent Regulation Act or lodging a complaint or application under any other Act of the Legislature; or

(b) as retaliation against the tenant for making a complaint, application or objection under this Act or The Residential Rent Regulation Act or intervening in any such complaint, application or objection or launching an appeal under The Residential Rent Regulation Act or lodging a complaint under any other Act of the Legislature.

Standard form of tenancy agreements.

115(1)

The Lieutenant Governor in Council may by regulation prescribe the form of any written tenancy agreement for residential premises and the form of any renewal thereof; and every tenancy agreement in writing or otherwise shall be deemed to be in the form as prescribed.

Certain terms prohibited.

115(2)

Any term or condition in a tenancy agreement

(a) that is not permitted by or contained in, a form prescribed under subsection (1); and

(b) that contravenes any of the provisions of this Act;

is void and has no effect.

Tenancy agreement may contain other provisions.

115(3)

Notwithstanding subsection (2), a tenancy agreement may contain provisions other than those set out in the written tenancy agreement prescribed under subsection (I) if

(a) the provisions are not inconsistent with any provision of this Act or of The Condominium Act; or

(b) the provisions are not inconsistent with or repugnant to any provision of the written tenancy agreement prescribed under subsection (1).

Offence.

115(4)

Where a landlord includes in a tenancy agreement any term or condition that contravenes any provision of this Act or the regulations, he is guilty of an offence and on summary conviction is liable to a penalty prescribed under subsection 113(1).

Request by tenant for repairs.

116(1)

Where a tenant requests his landlord or an agent of the landlord to carry out or make reasonable repairs to the residential premises occupied by the tenant and the landlord refuses or neglects to carry out or make those repairs, the tenant may notify the rentalsman for the area of the failure or refusal.

Failure to make repairs.

116(2)

Upon receipt of a notification under subsection (1), the rentalsman shall endeavour to resolve the problem between the landlord and the tenant and if the rentalsman fails in his attempt to have the landlord carry out or make the repairs that the rentalsman has determined to be reasonable and should be made, the tenant shall pay the rent as it falls due to the rentalsman to be held in trust by him until the repairs are carried out or made.

Effect of payment to rentalsman.

116(3)

Payment of rent under subsection (2) to the rentalsman and not to the landlord does not constitute a violation or failure by the tenant to pay his rent.

Notification by rentalsman.

116(4)

Where, under subsection (2), a tenant pays rent to a rentalsman, the rentalsman shall in writing notify the landlord he has received the rent.

Retention and payment of moneys by rentalsman.

116(5)

Subject to subsections 82(5) and 82(6), upon receiving rent under subsection (2) the rentalsman shall estimate the cost of repairs in respect of which the matter arose and that the rentalsman considers reasonable, and as the rent is paid shall retain

(a) one month's rent; or

(b) twice the estimated cost of the repairs;

whichever is the greater, until the repairs are completed to his satisfaction, and shall forward the amount retained to the landlord when the repairs are completed to the satisfaction of the rentalsman.

Appeal.

116(6)

Where pursuant to subsection (2) the rentalsman makes a determination and the landlord or tenant, as the case may be, is dissatisfied with the determination, he may within 30 days of the date of the determination appeal the determination to a judge of the Court of Queen's Bench; and the judge may make such order with respect to the determination as to him seems just and reasonable.

Return of deposit to landlord.

116(7)

Subject to subsections 82(5) and (6), where under this section a landlord is requested to make reasonable repairs to residential premises occupied by a tenant and the time for appeal under subsection (6) has expired or an appeal taken by the landlord is unsuccessful and the landlord fails or refuses or neglects or continues to fail, refuse or neglect to make the repairs, the rentalsman shall make or cause the repairs to be made and pay the costs thereof from the moneys retained by him under subsection (5).

Mediation and arbitration by rentalsman.

117(1)

In the event of any dispute, other than a dispute referred to under subsection 99(16), between a landlord and a tenant, either the landlord or the tenant or both, may refer the dispute to the rentalsman, who shall

(a) endeavour by mediation to settle the dispute; or

(b) with the written consent of the landlord and the tenant, arbitrate the dispute.

Rentalsman's findings final and binding.

117(2)

Where under subsection (1), the rentalsman acts as an arbitrator, his findings are final and binding on both the landlord and the tenant; and The Arbitration Act does not apply to the arbitration.

Powers under Manitoba Evidence Act.

118(1)

For the purpose of carrying out the rentalsman's powers and duties under this Act, the rentalsman has the like powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.

Rules of evidence not to apply.

118(2)

The rentalsman in carrying out any mediation or arbitration, as the case may be, under this Act is not bound by the rules of evidence applicable in a court of law.

Regulations.

119

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made pursuant to, and in accordance with the authority granted by, this section has the force of law: and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing forms to be used under this Act;

(b) prescribing duties other than those set out in this Act to be carried out by a rentalsman;

(c) prescribing rules of procedure for arbitration by a rentalsman;

(d) prescribing the rate of interest to be paid by landlords on security deposits and in any other case where interest is payable by a landlord to a tenant under the Act;

(e) respecting such other matters as he may deem necessary for the carrying out of the provisions of this Act and the regulations.

Application of Act where room and board provided.

120(1)

Where a person in any residential premises owned or operated by him for the purpose, provides both room and board in those premises for five or more tenants, the provisions of Part IV, to the extent that they may be reasonably applicable, apply to the room accommodation provided by the landlord.

Application of subsec. (1).

120(2)

Notwithstanding subsection (1), Part IV does not apply where an employer is engaged in the construction or logging industry and directly or indirectly provides room and board or room only to an employee; but that Part does apply where room and board or room only are provided directly or indirectly by any person engaged in the mining industry.

Declaratory order.

121

Any person may apply to the Court of Queen's Bench for a declaratory order setting out his rights under this Act.

Corporations as landlord.

122

Where a landlord is a corporation an officer of the corporation may, in any matter under this Part that is before a court affecting the corporation, appear and present the case of the corporation.

Delegation of authority by rentalsman.

123

Where under this Part, any right, duty, power or obligation is conferred, imposed or given to the rentalsman, he may in writing delegate that right, duty, power or obligation to any other person employed by the government in the department administering this Act and any decision or order made by a person acting under the delegated authority shall be deemed to be a decision or order of the rentalsman.

Exemption from civil liability.

124

No action lies, or shall be instituted, against

(a) the rentalsman; or

(b) any other servant or agent of the government;

to recover any loss or damage alleged to have been suffered by any person as a consequence of any act or omission of those persons, done or omitted to be done, in good faith in carrying out the provisions of this Act or the regulations.

SCHEDULE

FORM 1

(Section 39)

NOTICE TO LANDLORD

Take notice, that under The Landlord and Tenant Act I wish to set-off against rent due by me to you, the debt which you owe to me on your promissory note for dated (or as the case may be).

Dated this day of ,19.

C.D. (tenant).

FORM 2

(Section 70)

WRIT OF POSSESSION

Canada,

Province of Manitoba,

To Wit:

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the sheriff for Greeting.

Whereas, judge of the Court of Queen's Bench, by his order, dated the day of , 19 , made in pursuance of The Landlord and Tenant Act, on the complaint of against , adjudged that was entitled to the possession and ordered that a writ should issue out of our said court accordingly, and also ordered and directed that the said should pay the costs of the proceeding under the said Act, which by our said court have been taxed at the sum of dollars;

Therefore, we command you that without delay you caused the said of the said lands and premises with the appurtenances;

And we also command you that of goods and chattels of the said within Manitoba you cause to be made the sum of dollars, being the said costs so taxed by our said court as aforesaid, and have that money in our said court immediately after the execution hereof to be rendered to the said ;

And in what manner you have executed this writ, make appear to our said court immediately after the execution hereof;

And have there then this writ.

Witness the Honourable of our said Court of Queen's Bench, this day of , 19 .

(Signed)

Registrar of the Court of Queen's Bench (or Deputy Registrar of the Court of Queen's Bench)

FORM 3

(Section 73)

SUMMONS FOR EVICTION

In the Court of Queen's Bench

In the matter of (landlord), and (tenant), and The Landlord and Tenant Act.

To the above named (tenant)

You are hereby summoned to appear before , Judge of this Honourable Court, at his chambers in the on day the day of , 19 , at the hour of o'clock in the noon to show cause why an order should not be made for the delivery up to the said , as landlord, of the possession of the premises

mentioned in his demand, that is to say (here describe the premises as in the notice); and, further, to show cause why an order should not at the same time be made for payment by you of the rent alleged to be in arrears for said premises to said landlord, to be made or levied by distress or otherwise, and also as to the costs of these proceedings.

In default of you so appearing, the said landlord may proceed to obtain such order against you as to the judge it may seem proper to grant.

Dated at , this day of , 19 .

By the Court

Registrar (or Deputy Registrar)

FORM 4

(Section 73)

ORDER FOR EVICTION

In the matter of landlord, and tenant, and The Landlord and Tenant Act.

Upon the application of the landlord, and upon hearing the evidence produced at the hearing, I do order that the said tenant do, upon the production to him of this order, forthwith deliver up possession of the premises in question, namely (described as in notice and summons), to the said landlord, or his proper agent or attorney, of whose authority the possession of this warrant shall be sufficient proof; and in case of refusal by said tenant so to deliver up possession, or of said tenant being absent or said premises vacant, I do hereby, in accordance with the provisions of the statutes in that behalf, authorize a bailiff of this court, with such assistance as he may require, forthwith to proceed to eject and remove the said tenant, together with his goods and chattels, if any, from and out of the said premises, and, whether said tenant is found in possession or said premises are vacant, and put the landlord in possession thereof, that the said landlord take and hold possession thereof freed from said demise; and I do further order that the said bailiff do make the rent in arrear for said premises, amounting to the sum of together with the costs of the levy therefor, and of all necessary proceedings in respect thereof, subject to the provisions of the said Act.

I further award the sum of dollars to the said landlord, as his costs of this proceeding, to be paid by said tenant or, in default of payment, to be proceeded for and recovered as allowed by law.

Dated at , this day of , 19 .

(Signed)

Judge

FORMULE 3

FORM 5

NOTICE TO TENANT (Section 98)

To: (Name of Tenant)

I hereby give you notice to deliver up possession of the premises (identify the premises) which you hold of me as tenant, on the day of next, or on the last day of the period of your tenancy next following the giving of this notice for the following reason:

Dated this day of , 19 .

(Landlord's signature)

FORM 6

NOTICE TO LANDLORD

(Setion 98)

To: (Name of Landlord)

I hereby give you notice that I am giving up possession of the premises (identify the premises) which I hold of you as tenant, on the day of next, or on the last day of the period of my tenancy next following the giving of this notice for the following reason:

Dated this day of ,19 .

(Tenant's signature)