The rent was due on the first and it is not there. Maybe the tenant has gone quiet. Maybe they have a story. Either way, you still have a mortgage and taxes to pay.
Manitoba has a clear process for this, run by the Residential Tenancies Branch (RTB). It is slower than most owners would like, but it works when you follow it exactly. Owners get hurt by shortcuts. Here is the path, what you must never do, and how to make this less likely.
Step 1: Talk first, and write it down
The day rent is missed, call or text the tenant and ask what is going on. Keep it calm and factual. Many late payments are a timing problem that one honest conversation solves.
Whatever you agree, put it in writing: the amount, the date, and what happens if it does not arrive. Keep a simple ledger of what was due and what was paid. If this reaches an RTB officer, your records are your case.
Two things to know before you accept any money:
- If you accept the full amount shown on a termination notice, you give up the right to end the tenancy over that default, unless you confirm in writing at the time that you still treat the tenancy as terminated.
- Accepting a partial payment does not waive your right to end the tenancy, unless you tell the tenant in writing they can keep living there.
Step 2: Late fees, if your lease allows them
The regulation allows up to $10 for the day rent is due and up to $2 for each day after, to a maximum of $100. You must tell the tenant in writing that you intend to charge late fees before you charge them. You cannot end a tenancy over unpaid late fees alone, but you can claim them.
Step 3: Give the Notice of Termination for Non-Payment
If rent is still unpaid three days after it is due, the Residential Tenancies Act lets you give a written notice ending the tenancy. The RTB's guidebook gives an example: rent due May 1, notice can be given May 5.
- Use the prescribed form. For most tenancies that is Form 8 (Form 8.1 if tenant services are included, Form 9 for mobile homes). The RTB says it may not treat a notice on the wrong form as valid and enforceable.
- Fill in what the form requires: tenant names, the unit address, the amount owing broken down, the date the tenant must move out, a statement that the tenant can dispute your right to give notice, and a statement that paying the total owed means they do not have to move.
- Choose a reasonable move-out date. The Act does not set a minimum, and the RTB suggests allowing a reasonable time to pack and move.
- Deliver it by hand. It must go to the tenant or to an apparently adult person at the unit. A termination notice cannot be mailed. If you are having trouble serving it, contact the Branch for permission to serve it another way.
- Winter is not a barrier. You can give notice for non-payment during the winter or the school year.
Step 4: If they pay, or they do not
If the tenant pays everything owed (including any further rent that has come due) by the move-out date, the notice generally ends there. If you take the money but still want them out because they are habitually late (three or more times in a year without good reason), you must say so in writing right away.
If they neither pay nor move, apply to the Branch for an Order of Possession.
Step 5: Apply for an Order of Possession
- Use the Branch's application form. It does not accept other forms.
- Show which months are owing, and include a copy of your notice.
- You can claim unpaid rent, late fees and other compensation on the same application.
- A filing fee applies. Check the RTB's current fee list.
- You must give the tenant a copy of your application at least five days before the hearing.
The Branch holds a hearing, and an officer may try mediation first. If a tenant pays part now and promises the rest, the Branch can issue a conditional Order of Possession that takes effect only if they miss it.
If the Branch grants an Order of Possession, it generally sets the move-out date about seven days after the order, and an officer can allow more time. A separate order covers money owing. Both can be appealed to the Residential Tenancies Commission, within 7 days for the Order of Possession and 14 days for the money order. A party who did not take part in the Order of Possession hearing needs the Commission's permission (leave) to appeal.
New from November 1, 2026: the RTB says hearing evidence must be submitted on paper (in person, by mail or courier) or on a USB drive or other approved digital media. Send everything in one package if you can. Copies still have to go to the other party, and the evidence deadlines still apply.
Step 6: If they still do not leave
If the tenant ignores the Order of Possession, you can file a certified copy of the order in court, and the court registrar can issue a writ of possession. Under the Act, that is how a landlord regains possession, unless the tenant has moved out or abandoned the unit. The RTB's guidebook says an Order of Possession for non-payment must be filed in the Court of King's Bench within 90 days of the move-out date, so do not let it sit.
What you must NOT do
It is tempting to take matters into your own hands. In Manitoba that can cost you far more than the rent.
- Do not change the locks to push a tenant out. The RTB can order you to let the tenant back in, can authorize the tenant to hire a locksmith and deduct the cost from rent, and can issue administrative penalties.
- Do not seize their belongings. The Act says a landlord shall not seize a tenant's personal property for unpaid rent, and the old right of distraint is abolished.
- Do not cut off heat, electricity, gas or water. Withholding a vital service is prohibited, whether or not you are owed rent.
- Do not withhold or reduce other services and facilities that come with the unit to pressure them.
Several of these can bring administrative penalties under the Act. The legal way is the notice, the order, the writ.
Preventing the problem
- Screen carefully. Verify income, call previous landlords, and apply the same standards to everyone.
- Use a clear written lease. Spell out the rent, the due date, how to pay, and the late-fee policy.
- Do a move-in condition report. It protects you if there is a claim later.
- Act on day one. The longer a balance builds, the harder it is to catch up.
- Document everything. Dates, amounts, messages and calls.
Your checklist when rent is missed
- Contact the tenant the same day and document the conversation.
- Think through the waiver rules before accepting any money.
- Confirm rent is still unpaid three days after it was due.
- Complete Form 8 (or 8.1 or 9) and hand-deliver it. Record when and to whom.
- If there is no payment or move-out, apply for an Order of Possession.
- Prepare your evidence on paper or USB.
- Do not touch the locks, belongings or utilities.
How Nate's Pro helps
Nate's Pro Property Management is a registered property management brokerage run by Nathan Knell in Steinbach. Nate helps owners work out the steps to follow when a tenant situation goes badly, including evictions and claims for rent or damages. He also does tenant screening, lease preparation and signing, and rent collection, which is where most problems are prevented. The aim is rent that keeps coming in, a rental that stays protected, and your evenings back.
This is general information, not legal advice. Rules change, so check the Residential Tenancies Branch or talk to us about your situation.