Residential Tenancies Branch – Current Issues
August 28th, 2019 by Gemma Brown
RENT INCREASE GUIDELINES
The Manitoba Government has set the rent increase guideline – being the amount by which landlords can increase the rent of units without applying to the branch – to 2.4% effective January 1, 2020. This is one of the higher permitted rent increases in recent years.
Landlords that want to increase rent by the guideline are reminded that the increase notice must be given to tenants in writing at least three months before a rent increase takes effect. So if you intended to increase rent on January 1, 2020, you must provide notice BEFORE September 30, 2019.
The method used for calculating the rent increase guideline is based on the percentage change in the average annual ‘all-items’ Consumer Price Index (Manitoba) published by Statistics Canada.
There are certain residential units that are exempt from the rent increase guidelines, including:
- Units renting for $1,545 or more per month as of December 31, 2018
- Personal care homes
- Approved rehabilitated rental units
- New buildings less than 15 years old where an occupancy permit was issued or first occupied after April 9, 2001
- New building less than 20 years old where an occupancy permit was first issued or a unit was first occupied after March 7, 2005
We remind landlords to make sure that they comply with these regulations, and provide the required notices to tenants as set forth in the Residential Tenancies Act and Regulations.
NOTICE TO MOVE REQUIREMENTS
If you are a landlord and you need a tenant to move out, you must give that person a notice based on the vacancy rate in the region the unit is located.
Some examples for asking a tenant to move include:
- You are moving into the unit;
- Renovations to the unit, during which a tenant cannot live in;
- Unit is being changed into something other than a residential rental unit.
The RTB uses the vacancy rates set out in the Canada Mortgage and Housing Corporation’s most current fall edition of the Rental Market Report.
The following notice requirements must be given to tenants in a fixed-term tenancy (ie. one year) that coincides with the end of their tenancy agreement:
- Hanover – 5 months
- Steinbach – 5 months
- Winnipeg – 4 months
- Manitoba Average – 4 months
For tenants on a month-to-month tenancy, the landlord must give notice to move based on the vacancy rate for the region. If the vacancy rate is below three percent, then three months’ notice is required. If the vacancy rate is three percent or higher, then only one month’s notice is required.
There are special rules that apply when tenants have school-aged children going to a school that is reasonably close to the rental unit. Landlords are reminded to ensure they follow the special requirements in these situations.
We remind landlords to make sure that they comply with these regulations, and provide the required notices to tenants as set forth in the Residential Tenancies Act and Regulations.
Notice: The articles on our website are provided for general information purposes only and should not be relied upon as legal advice or opinion. They reflect the current state of the law as at the date of posting on the website, and are subject to change without notice. If you require legal advice or opinion, we would be pleased to provide you with our assistance on any of the issues raised in these articles.
