The Condominium Act & Information
Renting out a Unit
NOTE: All references to Section numbers refer to sections in The Condominium Act (SM 2011, c. 30, Sch. A).
Can condominium unit owners rent out their units?
Yes. The Condominium Act says that condominium corporations and their declarations and by-laws cannot stop unit owners from renting their units.
Section 212
Can a condominium corporation charge a unit owner a levy if the owner rents out the unit?
Yes. If its declaration allows it, a condominium corporation can collect a levy from unit owners who rent or lease their units. The amount of the levy must be set in the condominium corporation’s by-laws. The maximum levy allowed by the Condominium Regulation is $1,500.
Note: A condominium corporation that has previously charged a unit owner a levy of more than $1,500 must refund any unused amount (over the $1,500 maximum) within 90 days after the Condominium Regulation takes effect.
Section 211(1) and (2)
Condominium Regulation, Section 41
What is the purpose of a levy?
The condominium corporation can use the levy to pay for:
- extraordinary cleaning of the common elements, made necessary by the actions of a tenant or commercial lessee
- repairing damage caused by the tenant or lessee to the common elements
- other reasonable costs of having the tenant or lessee comply with the act and the condominium corporation’s declaration, by-laws, and rules (ex: the cost of applying to the Residential Tenancies Branch for an Order of Possession to have the tenant evicted)
At the end of a tenancy agreement or commercial lease, the unit owner is entitled to a refund, plus interest (at the rate indicated in the condominium corporation’s by-laws) of any part of the levy that wasn’t used.
Section 211(4) and (5)
Are there any documents the condominium corporation must give a tenant?
Yes. Within seven days after receiving a request for documents from a tenant (or from a person authorized in writing by a tenant), the condominium corporation must provide the tenant with the parts of the corporation's declaration, by-laws and rules that the tenant must comply with. For example, if the condominium corporation by-laws say that no unit owner may put up a structure on their balcony, the tenant must obey this rule as well.
The condominium corporation can charge a reasonable fee for labour and copying fees.
Section 203(1)
Do unit owners have to notify the condominium corporation when they rent out their units?
Owners must:
- give the corporation a written notice of the tenancy (rental of unit) within 30 days after entering into a tenancy agreement. The notice must say that the unit is (or will be) rented, and include the tenant's name, the unit owner's address, and the name of the unit owner's chosen representative for tenancy matters, if any (ex: property manager)
- tell the condominium corporation as soon as possible if either the landlord (unit owner) or the tenant ends the tenancy agreement
Section 202
What responsibilities do unit owners have to their tenants?
Unit owners who rent out their units become landlords. The relationship between a landlord and a tenant is governed by The Residential Tenancies Act. It is this act that sets out the rights, obligations and duties of a landlord and tenant of a rental unit (even though the property that includes the rental unit is governed by The Condominium Act).
Section 203(2), 207(1)
Section 56.1 of The Residential Tenancies Act deals with condominium units and says that:
1. Before entering into a tenancy agreement for a rental unit that is a unit under The Condominium Act, the landlord must give the prospective tenant a written notice that the rental unit is a unit in a property governed by that act.
2. If a landlord fails to give the tenant the required written notice that the unit is a condominium, the tenant is entitled to continue to occupy the rental unit for at least two years from the date the landlord gives the tenant the required written notice.
3. When the rental unit is a unit under The Condominium Act, the landlord must give the tenant (when the tenancy agreement is entered into, or the landlord consents to sublet or assign the tenancy):
- a copy of each part of the declaration that the tenant must obey, and a copy of the by-laws and any rules
- a copy of any amendment to a provision of the declaration, or a bylaw or rule that the tenant must obey, within 21 days after the landlord receives the amendment.
Note: Number 3 (above) does not apply when the landlord owns all the units in the condominium complex where the rental unit is located.
To learn more about the rights and responsibilities of landlords and tenants in Manitoba, visit the Residential Tenancies Branch (RTB) website at www.manitoba.ca/rtb, or call the branch toll free at 1-800-782-8403.
Forms a landlord or tenant may need during a tenancy can be found on the Residential Tenancies Branch (RTB) website. There are also fact sheets answering most questions a landlord or tenant may have. If unit owners or tenants are unsure about any tenancy issues, they can call the branch toll free at 1-800-782-8403.
Do tenants who rent a condominium unit have any additional responsibilities?
Yes. All tenants, wherever they rent, must live up to their responsibilities under The Residential Tenancies Act and the tenancy agreement they sign.
Tenants living in a condominium must also follow the declaration, by-laws and rules of the condominium corporation.
What rights does the condominium corporation have during a tenancy?
The condominium corporation may take action if unit owners, or their tenants, do not follow the declaration, by-laws and rules of the condominium corporation.
Actions the corporation may take include redirection of rent; written notice of a contravention (breach); and notice of termination.
Redirecting Rent:
If the unit owner does not make his or her contribution to the common expenses fund or reserve fund, the corporation may collect the rent from the owner’s tenant to cover the outstanding amounts.
The corporation must give the tenant written notice that the rent is to be paid to the corporation using Form 9 under the Condominium Regulation. The corporation must also promptly notify the unit owner that the rent is to be paid to the corporation.
By paying rent to the condominium corporation, the tenant is not in breach of the tenancy agreement.
The condominium corporation must give a receipt to the tenant, and a copy of the receipt to the unit owner (or his or her representative), to show the rent was paid.
Section 204(1) – (6)
Condominium Regulation, Section 38
Condominium Regulation, Form 9
Written Notice of a Contravention:
A condominium corporation may give a written notice to a tenant who does not obey the declaration, by-laws or rules of the condominium corporation, or the following sections of The Residential Tenancies Act:
- section 70 - responsibility to keep the common elements clean
- subsection 72(1) - responsibility to take care of, and repair damage to, the common elements,
- section 73 - duty not to disturb others
- section 74 - impairment of safety by tenant
The notice outlines the problem, gives the tenant an amount of time to fix it and describes what will happen if it isn’t fixed.
The condominium corporation must also provide a copy of the written notice to the unit owner, or his or her representative.
Section 205(1) - (3)
Notice of termination:
If a tenant does not address the problem set out in the written notice, the condominium corporation can give the tenant a written notice of termination.
A copy of the notice of termination must also be given to the unit owner (or his or her representative). The forms can be found on the Residential Tenancies Branch website at www.gov.mb.ca/cca/rtb/download.html, or they can be picked up at any branch location.
Generally, the condominium corporation must give the tenant one month (from the date on the notice of termination) to move out.
The condominium corporation may give a notice of termination without the earlier written notice if the tenant:
- is causing a major disturbance
- is causing an immediate risk to the health or safety of any person on the property
- has done extraordinary damage to the common elements
The notice must give the tenant at least five days to move out.
Section 205(4) - (12), 206
Condominium Regulation, Section 39
Condominium Regulation, Form 10,
The Residential Tenancies Act, Section 184
What can a condominium corporation do if a tenant does not move out after receiving a notice of termination?
If the tenant remains in the unit after the move-out date, the condominium corporation can apply for an Order of Possession at the Residential Tenancies Branch.
For more information on applying for an Order of Possession, visit www.gov.mb.ca/cca/rtb/forms/instr_samples/applyingforop.html or contact the branch at 1-800-782-8403.
What about commercial leases?
Sections 208 to 210 cover questions owners and lessees may have about renting commercial units.
Need more information?
For more information or details about renting out a condominium unit, see:
- Part 11 of The Condominium Act
- Part 9 of the Condominium Regulation
- The Residential Tenancies Act
