Applying for an Order of Possession |
Sometimes when a landlord gives a tenant a notice to move out, the tenant doesn’t go. If this happens, the landlord can apply to the Residential Tenancies Branch for an Order of Possession. An Order of Possession is a document a landlord can use to force a tenant to move out.
When a landlord applies for an Order of Possession, the Branch schedules a hearing to consider the landlord’s request. A hearing is a meeting where the landlord and tenant give information to a hearing officer. The hearing officer then decides whether or not the tenant must move out.
If a hearing officer issues an Order of Possession, they order the tenant to move out by a specified date. If the tenant still doesn’t move out, the landlord can file and enforce the Order of Possession in the Court of Queen’s Bench.
To apply for an Order of Possession, a landlord must complete an application form. The Branch supplies these forms (there are special forms for condominium corporations and cooperatives to use). To view a package application form, click on the links below.*
Once a landlord completes an application, they can send it to the Branch along with the $60.00 filing fee. The Branch will then schedule a hearing and return the application to the landlord to give to the tenant.
*The Branch has custom-made application forms for each of its offices. If you’d like to have an application form to complete on your computer system, please let us know. You can e-mail us at rtb@gov.mb.ca and we’ll send you the appropriate electronic version of the form.
We have 3 types of packages (in PDF format):
1) Apartments and houses
2) Condominium Package
3) Cooperative Package
Each Order of Possession package includes the following documents:
- Instruction Sheet
- Application Form
- Information Sheet
