The University of Manitoba Students’ Union (UMSU) hosted an interactive legal workshop on housing rights in the UMSU council chambers on Jan. 14. The workshop, led by lawyer Dayna Steinfeld of RavenLaw LLP, informed students on lease agreements, the Residential Tenancies Act, the Residential Tenancies Branch, tenant and landlord rights and options if rights are breached.
“What we are really talking about is a system of rules that as a society, we have decided will govern us in the area of housing,” said Steinfeld. “And there’s different ways that those rules come about, and there are different ways that those rules are enforceable and governed.”
Steinfeld explained that a lease agreement, also known as a tenancy agreement, is a contract between the landlord and tenant which establishes rules around the use of property owned by the landlord. “In order for a lease to be valid, a lease has to comply with those standards that are set by legislation,” she said.
Through the Residential Tenancies Act (RTA), the provincial government has established the rules that govern tenancy agreements, explained Steinfeld. The RTA requires that a standard form lease be used, which contains key information such as the term of the tenancy, the rental unit, services and facilities, furniture, rent and rules and conditions.
The landlord can also provide a lease in their own form, said Steinfeld, mentioning that the lease must still contain the same information required in the standard form.
Part of the RTA creates the Residential Tenancies Branch, which serves to inform and educate the public, investigate possible breaches of the RTA, mediate and adjudicate decisions that are legally binding. Decisions issued by the Residential Tenancies Branch can be appealed to the Residential Tenancies Commission within 14 days, explained Steinfeld. “This will usually be the last stop,” she said.
Rent
For 2025, the rent increase guideline is 1.7 per cent effective Jan. 1, with some exceptions. The landlord is entitled to increase the rent on or after the first anniversary date, but must provide tenants with at least three months’ notice, said Steinfeld.
Increasing rent above the rent increase guideline requires approval from the Residential Tenancies Branch, and if approved, the tenant can appeal the decision.
“If someone paid more than $1,640 a month for their unit [this year], that would not be subject to that limit on rent increase,” said Steinfeld.
She added that rent discounts are a common occurrence, in which landlords and tenants can agree in writing to a discount as a one-time bonus, or for a specific period of time.
Deposits
Under provincial legislation, a landlord may charge no more than 50 per cent of the first month’s rent as a security deposit in case there is damage to the unit, said Steinfeld. For a pet damage deposit, a landlord may charge up to one month’s rent as a deposit.
“If at the end of the tenancy, the landlord feels they have a good reason for hanging on to the deposit, they can make a claim against the deposit,” she said. For a claim to succeed, the landlord must prove that they had a financial loss during the tenancy, that the tenant is responsible for the loss and the amount of the loss. A common example includes damage by the tenant in the unit which does not get fixed, stated Steinfeld.
Landlord and tenant responsibilities
“The Act has a big, long section in it that talks about what a landlord’s responsibilities are,” said Steinfeld. “And even if they don’t address this stuff in the lease, they have these responsibilities and the Act requires that they meet them.”
Landlord responsibilities include maintaining the appearance of the rental unit and doing necessary repairs, providing a written receipt for rent payments in cash, providing and maintaining doors and locks for security and ensuring necessary services are provided such as heat, gas, electricity and hot and cold water.
A landlord must also give at least 24 hours written notice before entering the unit, except for an emergency, said Steinfeld.
Examples of tenant responsibilities include paying rent on time, only making changes to the unit with the landlord’s consent, notifying the landlord of necessary repairs, keeping the rental unit clean and not engaging in criminal activity on the property.
Ending the tenancy
Under the RTA, a landlord can end a tenancy early such as for nonpayment of rent. “If a tenant fails to pay rent within three days of when the rent is due, the landlord can give notice,” said Steinfeld. “They have to use the required form […], deliver the notice in-person, and then if the tenant doesn’t move out the landlord can apply for some orders and take it to the next level.”
Other reasons for a landlord ending a tenancy include unit demolition or conversion, extensive renovations, illegal activity or a significant breach of the lease. “How much notice they have to provide depends on the circumstance,” said Steinfeld.
Tenants can end a month-to-month tenancy — an agreement for one month at a time with no specific end date — by giving the landlord notice of one rental period. Fixed term tenancy — an agreement for a specific period of time — can only be terminated under certain circumstances, such as military relocation, the need for a personal care home, domestic violence or unlawful rent increase.
“The main advice that I always give, in any situation where you’re concerned about your housing rights not being respected: keep really good records,” said Steinfeld. “Try to put things in writing in a way that’s going to be really traceable and easy to take to the [Residential Tenancies] Branch if you have to go there.”
“Take pictures when you’re moving in of the condition of the unit. Take pictures when you’re moving out of the condition of the unit, so that if your landlord tries to say ‘you damaged something,’ you can say ‘it was like that when I moved in.’”
Undergraduate students who did not opt-out of the Legal Care Program by Studentcare can receive free legal consultation on housing disputes. To request legal support, visit contact.studentcare.ca/en/contact/96.
