Residential Tenancies Branch

Section 7

Notice of Termination

Sub-Section 7.5

Notice by a Landlord — Landlord Sells Rental Unit

Legislation

s. 53, 98, 100, The Residential Tenancies Act
s. 11, 12, Residential Tenancies Regulation

Definitions

Fixed-term tenancy: a tenancy agreement for a specific period of time, usually one year.

Month-to-month tenancy: a tenancy agreement for a month at a time with no specific end date.

Notice of Termination: a written notice by a landlord to end a tenancy. Landlords must use the prescribed form when giving a tenant a notice of termination (the form set out in the Residential Tenancies Regulation).

Rental Market Report: a report published by Canada Mortgage and Housing Corporation that outlines the vacancy rates for Manitoba.

School age children: for the purpose of this policy, school age children are children enrolled in kindergarten and up to, and including, Grade 12.

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.

Vacancy Rate: The average private apartment vacancy rate for all bedroom types, for Winnipeg CMA (census metropolitan area), Brandon CA (census area), Portage la Prairie CA (census area), City of Steinbach, Thompson CA (census area), and for rural Manitoba, as set out in the most recent fall issue of the Rental Market Report.

Policy

When a landlord sells a rental unit, they can give the tenant notice to move:

• if the purchaser asks them, in writing, to give the tenant notice because the purchaser plans to occupy the rental unit; or plans to have one of the following family members move in: spouse, adult children or stepchildren, parents, mother-in-law, father-in-law.
  

• once all the conditions for sale are finalized. For example: the purchaser has received their financing.

<><><><>

A landlord can’t give a tenant notice to move simply because they plan to sell the rental unit.

<><><><>

When giving a tenant notice, a landlord must deliver the notice to the tenant in person. The landlord can also hand it to an adult at the rental unit. If there is more than one tenant, the landlord must put all the names on the notice. However, generally the landlord doesn’t need to give each tenant their own copy of the notice. If the landlord has difficulty serving the notice to any party, they can contact the Branch for permission to serve the notice in some other way.

<><><><>

If there are no school age children living in the rental unit and the tenant is on a month-to-month tenancy, the landlord can end the tenancy by giving notice based on the vacancy rate in the area that the unit is located in. The vacancy rate is announced each fall in the Rental Market Report.

Effective March 1, 2013

If a tenant is on a fixed-term tenancy agreement, the landlord must give notice that they won’t renew the agreement at least three months before the agreement ends. For example: If the tenancy agreement ends on September 30, the landlord must give the tenant notice on or before June 30.

A landlord who wants to end the tenancy of a tenant who rents a mobile home site must give the tenant notice of at least six months.

If there are school age children living in the rental unit, the tenant can stay in the unit until the end of the school year as long as the children go to a school that is conveniently accessible to the rental unit and there are no violations of the tenancy agreement. This applies to both month-to-month and fixed-term tenancy agreements.

If a fixed-term tenancy agreement ends during the school year and the landlord sells the unit at least three months before the end of the tenancy agreement:

• the landlord can give notice they won’t renew the agreement because the purchaser plans to move in. The landlord must give the notice at least three months before the end of the tenancy agreement; and

• the tenant can stay in the rental unit until the end of the school year.

For example: The tenancy agreement ends March 31 and the landlord sells the unit in December. The landlord must give the tenant notice on or before December 31, but the tenant can continue to live in the unit until the end of the school year.

<><><><>

After receiving a notice in this situation, a tenant may give the landlord a notice of at least one rental payment period, even when there is a fixed-term tenancy agreement. For example: After the tenant receives notice in December, they find another place for March 1. They can give notice in January to leave at the end of February.

<><><><>

When a landlord ends a tenancy because the property or unit is sold, the landlord is responsible to pay a tenant’s reasonable moving expenses, up to a maximum of $500.

When a tenancy is ending, the Branch encourages a landlord and tenant to discuss move-out arrangements ahead of time. For example: booking an elevator, if necessary; or setting up an appointment to complete a rental unit condition report. A tenant doesn’t have the right to stay in a rental unit beyond the last day of a notice period. If a tenant needs to stay in a rental unit until the first day of the next rental payment period, they must make special arrangements with the landlord.

<><><><>

If a tenant doesn’t move after receiving a notice of termination, a landlord may apply to the Branch for an Order of Possession and file a claim for money that the tenant owes. A landlord can’t legally change the locks on a rental unit to force a tenant out. If a landlord locks a tenant out, the tenant may ask the Branch for help. The Branch will try to solve the problem through mediation. If mediation is not successful, the Branch may order the landlord to let the tenant back into the rental unit. If the landlord doesn’t comply with the Order, the Branch may authorize the tenant to hire a locksmith and deduct the cost from their rent. The Branch may also impose administrative penalties. This may be considered if there is a serious or repeated breach of either the Act or an Order issued by the Branch or the Residential Tenancies Commission.

Procedure

Overview

Either a landlord or tenant can ask the Branch for information on how to end a tenancy when the property is sold, and the new owner wants to move in. This policy is included as information for landlords, tenants and officers. If a tenant and landlord aren’t able to solve a problem with ending a tenancy, they can ask the Branch for help.

Steps ▼

1.The officer encourages the landlord and tenant to share information, and to discuss the problem, to try to come to an agreement.

2.When a tenant or landlord asks the Branch for help with a problem with a notice of termination, an appropriate officer follows the procedures for:

• mediation
• orders of possession
• hearings

Forms

Notice of Termination by Landlord (For landlord's own use)
..........................................................Form 11A/Residential Tenancies Regulation

X-Referencing

For information on compensation for moving costs, see this section.
For information on mediation, see Section 1.
Orders of Possession are dealt with in Section 8.
Hearings are covered in Section 11.

Policy Developed

September, 1992

Last Revision

June, 2015

Other Resources

None

Top