R.S.M. 1987, c. L70

The Landlord and Tenant Act

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Table of Contents

1		Definitions.
2		Method for service or giving notice, etc.
	(2)	Substitutional service.
PART I LEASES AND TENANCIES
COVENANTS RUNNING WITH REVERSION
3		Remedies accrue to assignees of reversion.
4		Lessee's covenants to run with reversion.
5		Right of forfeiture before disposition.
6		Remedies apply against assigns of grantor.
7		Lessor's covenants to run with reversion.
APPORTIONMENT OF CONDITION OF RE-ENTRY
8		Apportionment on severance.
	(2)	Application of sections 5, 7 and 8.
SUB-LESSEE AND TITLE TO REVERSION
9		Sub-lessee cannot call for title.
	(2)	Saving intention.
	(3)	Application.
DEFECTS IN LEASES
MADE UNDER POWERS OF LEASING
10		Effect of lease where deviation from terms of power.
11		What amounts to confirmation.
12		Duty of lessee to accept confirmation.
13		Lease valid if grantor owner till valid lease can be granted.
14		What amounts to exercise of power.
15		Saving rights of lessees under covenants and lessor's right of re-entry.
MERGER OF REVERSIONS
16		Effect of surrender or merger.
RIGHT OF RE-ENTRY
17		Right of re-entry for non-payment of rent.
	(2)	Right of re-entry where bawdy house kept.
FORFEITURE OF LEASES
18		Definitions.
	(2)	Restrictions on and relief against forfeiture.
19		Relief against forfeiture.
	(2)	Where right of entry is under statute.
	(3)	Lease until breach.
	(4)	Proceedings stayed on payment of rent.
	(5)	Lessee's position continues.
	(6)	Application of section.
	(7)	Exceptions.
	(8)	Failure to insure.
LEASES, UNDER-LEASES, AND FORFEITURE
20		Protection of under-leases on forfeiture.
21		Parties to action for forfeiture.
22		Licence to assign not to be withheld unreasonably.
	(2)	Application to court where licence withheld.
LICENCES
23		Restriction of effect of licence under power.
24		Restricted operation of partial licences.
WAIVER OF COVENANT
25		Restriction of effect of waiver.
COVENANT TO PAY TAXES
26		Taxes not include local improvements.
NOTICES TO QUIT
27		Notice to quit
TENANT TO NOTIFY LANDLORD
28		Penalty for not notifying landlord.
DISTRESS FOR RENT
29		Distress for three month's arrears.
	(2)	Distress reasonable.
	(3)	Distress for rents seek.
30		Distress on determination.
31		Distress in case of death.
32		Personal representative may distrain.
PROPERTY LIABLE TO DISTRESS
33		Right to distrain grain, etc.
34		Right to distrain cattle, etc.
	(2)	Right to distrain standing crops.
	(3)	Notice of to tenant.
	(4)	Satisfying such distress.
	(5)	Sale of crops.
	(6)	Liability of purchaser for occupation.
35		Chattels off premises not to be distrained.
36		Exemptions from seizure.
	(2)	Selections of exemptions.
	(3)	Exemptions cannot be waived in leases, etc.
37		Right to distrain limited to goods of tenant.
38		Mortgagee or vendor not to distrain goods of tenant exempt from execution.
	(2)	Mortgagee or vendor may serve notice and recover rent or rental value.
	(3)	Consent of prior mortgagees.
	(4)	Determination and settlement of disputes as to rental value.
	(5)	Mortgagee accountable for receipts.
	(6)	Application of section.
TENANT'S RIGHT OF SET-OFF
39		Right of set-off.
	(2)	Effect of notice.
	(3)	Service of notice.
	(4)	Defects not to invalidate.
FRAUDULENT REMOVAL
40		Landlords may distrain goods carried off for 30 days.
	(2)	Exemptions.
41		Right of landlord to break open buildings, etc.
42		Penalty for fraudulent removal.
IMPOUNDING DISTRESS
43		Beasts distrained.
	(2)	Separate impoundment.
	(3)	Penalty.
	(4)	Where goods to be impounded.
POUND BREACH, OR RESCUE
44		Damages for pound breach.
SALE OF GOODS DISTRAINED
45		Sale of distress when made.
RIGHT OF LANDLORD ON TENANT'S BANKRUPTCY
46		Lien of landlord in bankruptcy.
	(2)	Rights of assignee.
47		Election of assignee to surrender.
	(2)	Right of sub-tenants.
	(3)	Rental from under-lessee.
	(4)	Settlement of dispute.
DISTRAINABLE GOODS TAKEN IN EXECUTION
48		Goods taken in execution subject to rent.
	(2)	When execution can proceed.
	(3)	Payment to execution creditor.
49		Crops seized while on land liable for rent.
WRONGFUL OR IRREGULAR DISTRESS
50		Irregularities not to void distress.
51		Damages for wrongful distress.
	(2)	Where no rent due.
LIABILITY OF TENANTS OVERHOLDING
52		Penalty double value for overholding.
53		Double rent where notice to quit
ATTORNMENT
54		Agreement to attorn in mortgage valid.
	(2)	Effect of.
	(3)	Application.
55		Nullity of attornment to stranger.
	(2)	Mortgages excepted.
56		Attornment not necessary.
	(2)	Tenant not to be prejudiced.
RENEWALS OR LEASES
57		Chief leases renewed without surrender of under-leases.
	(2)	Rights of parties thereunder.
RENEWAL OF LEASE BY ABSENTEES
58		Renewal on order of court in case of absentees.
	(2)	Validity of.
	(3)	Direction to bring action.
	(4)	Conditions of.
	(5)	Payments for to be disposed of by court.
	(6)	Costs.
PART II DISPUTES AS TO RIGHT TO DISTRAIN
59		Definition of "judge".
60		Disputes as to distress.
	(2)	Application to judge.
61		Order pending determination.
62		Jurisdiction of judge.
63		Judgment final.
64		Appeal from summary trial.
65		Appeal from trial.
66		Other remedies preserved.
PART III PROCEEDINGS AGAINST OVERHOLDING TENANTS
67		Application to judge for writ of possession.
	(2)	Material required.
	(3)	Inquiry and determination.
	(4)	Notice of proceedings.
68		Queen's Bench rules apply.
69		Intituling proceedings.
70		Procedure on default.
	(2)	On appearance.
	(3)	Proceedings court records.
71		Power to amend.
72		Appeal from order.
	(2)	Discharging order for possession.
	(3)	Possession restored.
SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT
73		Application for possession on failure to pay rent.
	(2)	Application of subsecs. 67(2), (3) and (4) to application.
	(3)	Hearings.
	(4)	Enforcing order for possession.
	(5)	Payment of rent a stay.
	(6)	Procedure in case of vacancy.
74		Costs.
75		Order by court for money payments.
	(2)	Order is a judgment of court.
76		Distraint of farm property abolished.
77		Provisions of Part IV to prevail.
PART IV
78		Application of Part IV.
	(2)	Application to Crown.
79		Definition of "rent".
80		Landlord to provide tenant with copy of agreement.
	(2)	Failure to deliver copy of tenancy agreement.
81		Security deposits.
	(2)	Disposition of excess security deposit.
	(3)	Damage.
	(4)	Post-dated cheques.
	(5)	Coercing tenant to deliver post-dated cheques.
82		Appointment of rentalsmen.
	(2)	Rentalsmen appointed for specified area.
	(3)	Functions of office of rentalsman.
	(4)	Authorized person may file complaint.
	(5)	Rentalsman may levy an administration fee.
	(6)	Deduction of fees from moneys payable to landlord.
	(7)	Access to premises and documents.
	(8)	Information confidential.
	(9)	Exception.
	(10)	Authority for access.
	(11)	Where order may be issued.
83		Return of security deposit.
	(2)	Rentalsman may order return of security deposit.
	(3)	Rent payable to provide deposit.
	(4)	Payments under subsection (3) deemed to be rent.
84		Agreement to be in writing.
	(2)	Rentalsman not bound by agreement.
	(3)	Objection by a landlord to return of deposit.
	(4)	Rentalsman to notify tenant of receipt of security deposit.
	(5)	Rentalsman may make disposition.
	(6)	Rentalsman to endeavour to obtain agreement.
	(7)	Arbitration.
	(8)	Arbitration Act not to apply.
	(9)	Duration of mediation or arbitration.
	(10)	Whereabouts of tenant unknown.
85		Distress abolished.
86		Interesse termini abolished.
87		Frustration.
88		Covenants inter-dependent.
89		Covenants in posse and in esse.
90		Right to assign or sublet.
	(2)	Exception.
	(3)	Consent.
	(4)	Charges.
91		Mitigation of damages.
	(2)	Storage of personal property.
	(3)	Worthless personal property.
	(4)	Sale of personal property.
92		Privacy.
	(2)	Order of rentalsman for landlord's access to premises.
	(3)	Offence and penalty.
93		Entry during election campaigns.
94		Alteration of locks.
	(2)	Safety devices on premises.
95		Landlord's responsibility to repair.
	(2)	Responsibility of tenant.
	(3)	Failure to fulfil obligation.
	(4)	Creating a nuisance or disturbance.
	(5)	Offence and penalty for creating nuisance or disturbance.
	(6)	Reference of complaint to rentalsman.
	(7)	Failure to supply services.
	(8)	Disposition of rent.
	(9)	Payment of excess rents to landlord.
96		Relief against acceleration clauses.
97		Notice of termination of tenancy.
98		Notice.
	(2)	Content of notice.
	(3)	Saving.
	(4)	Forms of notice.
	(5)	No fee for notice to vacate.
	(6)	Notice by tenant.
	(7)	Termination of mobile home site tenancy.
	(8)	Mobile home tenant may terminate tenancy.
	(9)	Tenancy agreement continued for duration of notice.
	(10)	Non-application of subsection (7).
	(11)	Offence and penalty.
99		Term of tenancy and rental payment period defined.
	(2)	Duration of rental payment period.
	(3)	Notice to terminate a tenancy with no predetermined expiry date.
	(4)	Right to continued occupancy.
	(5)	Notice of termination by landlord.
	(6)	Informal resolution of matter.
	(7)	Notification of failure to rentalsman.
	(8)	Rentalsman to fix amount, if any, of compensation.
	(9)	Termination where premises administered for government.
	(10)	Non-application of certain provisions.
	(11)	Offences and penalties.
	(12)	Tenancy deemed to be renewed.
	(13)	Limitation on term of tenancy agreement.
	(14)	Execution of tenancy agreement.
	(15)	Tenancy agreement subject to Residential Rent Regulation Act.
	(16)	Determination of certain disputes.
	(17)	Where rentalsman may not consider.
	(18)	Appeal to court.
	(19)	Possession by landlord.
	(20)	Inability to pay rent.
100		Failure to pay rent constitutes termination of tenancy.
	(2)	Non-application of subsection (1).
101		Providing name and address to tenants.
	(2)	Delivery of information to tenants.
102		Notification of change in ownership.
103		Compensation when premises not vacated.
	(2)	Effect of payment by overholding tenant.
	(3)	Burden of proof.
104		Application for order of possession.
	(2)	Service of application.
	(3)	Contents of supporting affidavit.
	(4)	Reckoning time.
105		Claim for arrears and compensation.
	(2)	Contents of supporting affidavit.
106		Hearing of application.
	(2)	Disposition.
	(3)	Report of rentalsman's investigation for court.
	(4)	Court may request investigation.
	(5)	Order without further hearing.
107		Effect of order for possession.
	(2)	Service of order.
	(3)	Order for eviction.
	(4)	Payment as a stay of order.
	(5)	Where proceedings not stayed.
	(6)	Stay of order for possession.
108		Proceedings after tenant vacates.
109		Recovery of possession.
	(2)	Defences to proceedings for possession.
	(3)	No eviction during school year.
	(4)	Non-application of subsection (3).
	(5)	Possession after sale.
110		Discrimination prohibited.
111		Restricting against trading.
112		Notice for increase in rent.
	(2)	Only one increase per year.
	(3)	Application of subsecs. (2) and (4).
	(4)	Increase in rent to be equal in all rental payment periods.
	(5)	Rent includes other considerations.
113		Offences and penalties.
	(2)	Further offence.
	(3)	Order to correct offence.
	(4)	Order to pay money.
114		Threats and harassment.
115		Standard form of tenancy agreements.
	(2)	Certain terms prohibited.
	(3)	Tenancy agreement may contain other provisions.
	(4)	Offence.
116		Request by tenant for repairs.
	(2)	Failure to make repairs.
	(3)	Effect of payment to rentalsman.
	(4)	Notification by rentalsman.
	(5)	Retention and payment of moneys by rentalsman.
	(6)	Appeal.
	(7)	Return of deposit to landlord.
117		Mediation and arbitration by rentalsman.
	(2)	Rentalsman's findings final and binding.
118		Powers under Manitoba Evidence Act.
	(2)	Rules of evidence not to apply.
119		Regulations.
120		Application of Act where room and board provided.
	(2)	Application of subsec. (1).
121		Declaratory order.
122		Corporations as landlord.
123		Delegation of authority by rentalsman.
124		Exemption from civil liability.
SCHEDULE
FORM 1
(Section 39)
NOTICE TO LANDLORD
FORM 2
(Section 70)
WRIT OF POSSESSION
FORM 3
(Section 73)
SUMMONS FOR EVICTION
FORM 4
(Section 73)
ORDER FOR EVICTION
FORMULE 3
FORM 5
FORM 6
NOTICE TO LANDLORD