Residential Tenancies: Changes to Notice to Move Requirements
November 3rd, 2015 by Gemma Brown
Landlords must give tenants a notice to move out based on the vacancy rate (applicable to their region) if they need the tenant to move out because the:
- Landlord is moving into the unit
- Landlord is renovating the rental unit and tenants cannot live in the unit while the work is being done
- Landlord is demolishing the unit
- Landlord is changing the use of the unit to a non-residential use.
The Residential Tenancies Branch uses the vacancy rates that are set out in the CMHC’s most current fall edition of the Rental Market Reports.
A tenant in a fixed-term tenancy must receive notice to move that coincides with the end of their tenancy agreement. If the tenant is on a month-to-month tenancy and the vacancy rate is below 3%, the landlord must give the tenant 3 months’ notice. If the rate is higher than 3%, then only 1 months’ notice is necessary.
Below is an update of the vacancy rates and required notice periods as of Spring, 2015:
| Area | Vacancy Rate | Notice Required |
| Steinbach | 3.1% | 3 months |
| Winnipeg | 2.5% | 4 months |
| Hanover | 13.5% | 3 months |
| Brandon | 0.9% | 5 months |
| Thompson | 1.7% | 5 months |
| Portage La Prairie | 5.5% | 3 months |
| Winkler | 2.0% | 3 months |
| Manitoba Average | 2.5% | 4 months |
HOW WE CAN HELP:
We understand that these issues are very complex. Please feel free to contact one of our lawyers for more information on the new rules regarding rental properties.
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.
