Eviction Notice Form Manitoba

EVICTION NOTICE FORM MANITOBA

1. Document Preamble & Recitals

THIS EVICTION NOTICE FORM (the "Notice") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

LANDLORD: [Landlord Full Legal Name / Corporation Name], having a principal place of business or residential address at [Landlord Street Address, City, Province, Postal Code] (hereinafter referred to as the "Landlord"),

AND

TENANT: [Tenant Full Legal Name(s)], currently residing at [Rental Unit Street Address, Unit Number, Winnipeg/City, Manitoba, Postal Code] (hereinafter referred to as the "Tenant").

WHEREAS: A. The Landlord and Tenant entered into a residential tenancy agreement dated [Date of Lease Agreement] (the "Tenancy Agreement") concerning the residential premises located at [Rental Unit Address], Manitoba (the "Premises"); B. Pursuant to the Residential Tenancies Act, C.C.S.M. c. R119 (the "RTA"), the Landlord is statutorily empowered to issue notice to terminate a tenancy and demand vacant possession of the Premises upon the occurrence of specific defaults or statutory grounds; C. The Tenant has committed a material breach of the Tenancy Agreement and/or the RTA, specifically detailed herein, warranting the formal legal demand for cure or, alternatively, the termination of the tenancy and vacation of the Premises; D. This document serves as the formal, binding legal notice required under Manitoba jurisdiction to initiate legal remedies for possession.

NOW, THEREFORE, the Landlord hereby provides formal legal notice to the Tenant subject to the terms, definitions, and statutory frameworks set forth below.

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2. Operational Definitions

For the purposes of this Notice, the following terms shall have the meanings ascribed to them below, and grammatical variations shall be construed accordingly:

1. "Arrears" means all unpaid Rent, late fees, utility charges, or other monetary sums lawfully due and owing by the Tenant to the Landlord under the Tenancy Agreement.
2. "Business Day" means any day other than a Saturday, Sunday, or a statutory holiday observed in the Province of Manitoba.
3. "Cure Period" means the mandatory calendar or business day timeframe stipulated herein during which the Tenant may rectify a specified Default prior to the execution of legal termination remedies.
4. "Default" means any breach, violation, non-performance, or non-observance by the Tenant of any covenant, term, condition, or statutory duty contained within the Tenancy Agreement or the RTA.
5. "Landlord" means the legal owner, lessor, or authorized property management agent acting with express legal authority on behalf of the owner of the Premises.
6. "Notice" means this comprehensive eviction notice form, including all attached schedules, particulars of default, and statutory declarations.
7. "Premises" means the residential dwelling unit rented by the Tenant, situated in the Province of Manitoba, including any designated parking stalls, storage lockers, and appurtenant common areas.
8. "Rent" means the monthly financial consideration of [Dollar Amount] payable by the Tenant to the Landlord on or before the [Day] day of each calendar month pursuant to the Tenancy Agreement.
9. "Residential Tenancies Branch (RTB)" means the regulatory and adjudicative tribunal established under the Residential Tenancies Act of Manitoba to administer and adjudicate residential tenancy disputes.
10. "RTA" means the Residential Tenancies Act, C.C.S.M. c. R119, as amended from time to time, including any regulations promulgated thereunder.
11. "Tenancy Agreement" means the written, oral, or implied lease contract governing the occupancy of the Premises between the Landlord and the Tenant.
12. "Tenant" means the individual(s) or corporate entity executing the Tenancy Agreement as lessee(s), and includes all authorized occupants and invitees.

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3. Substantive Terms & Obligations

1. Particulars of Default: The Landlord hereby formally notifies the Tenant that they are in material Default of the Tenancy Agreement and/or the RTA based upon the following substantiated grounds (check and detail all applicable):

   • Non-Payment of Rent: The Tenant has failed to pay Rent in the total cumulative amount of [Dollar Amount] covering the rental periods of [List unpaid months/dates].
   • Non-Payment of Security Deposit: The Tenant has failed to remit the security deposit in the amount of [Dollar Amount] required under section [Section Number] of the Tenancy Agreement.
   • Disturbance / Breach of Quiet Enjoyment: The Tenant, their guests, or invitees have substantially interfered with the reasonable enjoyment of the residential complex by the Landlord or other tenants, as detailed in Schedule "A" attached hereto.
   • Property Damage / Waste: The Tenant has caused, permitted, or allowed undue damage to the Premises or residential complex exceeding normal wear and tear.
   • Unauthorized Occupants / Assignment: The Tenant has sublet or assigned the Premises, or permitted unauthorized occupants to reside therein, without the express written consent of the Landlord.
   • Other Statutory Breach: [Insert precise legal description of other material breach under the RTA].

2. Tenant Performance Obligations: The Tenant is legally obligated to immediately cease all offending conduct, maintain the physical integrity of the Premises, adhere strictly to all covenants of the Tenancy Agreement, and perform all statutory duties imposed by the RTA.

3. Demand for Vacant Possession: Unless the Default is lawfully cured within the timeframes mandated in Section 4, the Tenant is hereby ordered to vacate and deliver up vacant, clean, and unimpeded possession of the Premises to the Landlord no later than 11:59 PM on [Termination Date], time being of the essence.

4. Landlord Representations: The Landlord warrants that they possess the legal standing and capacity to issue this Notice, that the particulars of Default stated herein are true and accurate to the best of their knowledge and belief, and that this Notice has been prepared and served in strict compliance with the procedural requirements of Manitoba law.

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4. Default, Termination, and Remedies

1. Classification of Breaches: Defaults are classified as either monetary (non-payment of rent/fees) or non-monetary (behavioral, property damage, unauthorized occupants). Each classification attracts specific statutory cure mechanisms under Manitoba law.

2. Notice and Cure Periods:

   • Monetary Default (Rent Arrears): The Tenant is provided a Cure Period of [Number, e.g., 5] business days from the date of formal service of this Notice to remit the full Arrears in the amount of [Dollar Amount] to the Landlord.
   • Non-Monetary Default: For material breaches capable of being cured, the Tenant is granted a Cure Period of thirty (30) business days from the date of service to fully rectify the specified Default and provide written proof of cure to the Landlord.
   • Incurable Breaches: Where the Default involves severe statutory infractions pursuant to the RTA (e.g., substantial damage, illegal acts, or severe safety risks), this Notice operates as an immediate notice of termination without a right to cure, requiring vacation of the Premises in accordance with statutory minimum notice periods.

3. Legal Recourse and RTB Application: If the Tenant fails to cure the Default within the designated Cure Period or fails to vacate the Premises by the specified Termination Date, the Landlord shall immediately pursue all available legal remedies without further notice, including:

   • Filing an Application for Order of Possession and/or Compensation for Arrears and Damages with the Residential Tenancies Branch (RTB) of Manitoba.
   • Seeking an order for writ of possession executed through the Manitoba Court of King's Bench or court bailiff.
   • Claiming all legal costs, filing fees, administrative expenses, and solicitor-client costs incurred by the Landlord in enforcing this Notice and recovering possession of the Premises.

4. Reservation of Rights: The acceptance by the Landlord of any partial payment of Arrears, rent, or other monies subsequent to the issuance of this Notice shall not constitute a waiver of this Notice, nor shall it reinstate the Tenancy Agreement unless a formal written reinstatement agreement is executed by both Parties.

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5. Boilerplate Legal Provisions

1. Severability: If any provision, clause, or section of this Notice is held to be invalid, illegal, or unenforceable by the Residential Tenancies Branch or a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Notice, which shall remain in full force and effect.

2. Entire Agreement: This Notice, together with the underlying Tenancy Agreement and any statutory schedules attached hereto, constitutes the entire legal expression between the Parties concerning the termination of the tenancy and supersedes all prior negotiations, representations, or understandings, whether written or oral.

3. Force Majeure: Neither party shall be held in default for failure to perform their obligations under this Notice if such failure results from acts of God, extreme weather events, civil unrest, acts of terrorism, governmental embargoes, or other catastrophic events beyond the reasonable control of the affected party, excluding financial inability to pay rent.

4. Governing Law and Jurisdiction: This Notice shall be interpreted, construed, and enforced in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein. The Parties irrevocably submit to the exclusive jurisdiction of the Residential Tenancies Branch and the judicial courts of Manitoba.

5. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Notice, including the determination of the validity of the eviction, shall be adjudicated exclusively through the formal dispute resolution mechanisms of the Residential Tenancies Branch of Manitoba, with a right of appeal restricted strictly as provided under the RTA.

6. Service of Notice: This Notice shall be deemed validly and effectively served upon the Tenant if delivered personally, sent by registered mail, or served via alternative service methods expressly authorized under Section 188 of the Residential Tenancies Act (Manitoba).

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6. Formal Execution Block

IN WITNESS WHEREOF, the Parties hereto have executed this Eviction Notice Form Manitoba as of the Effective Date written above.

LANDLORD:

[Landlord Corporation / Entity Name, if applicable]

Per: ___________________________________
Authorized Signatory Name: [Signatory Name]
Title: [Signatory Title, e.g., Property Manager / Managing Director]
Date: [Execution Date]

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TENANT:

Tenant 1:
Signature: ___________________________________
Printed Name: [Tenant 1 Full Name]
Date: [Execution Date]

Tenant 2 (if applicable):
Signature: ___________________________________
Printed Name: [Tenant 2 Full Name]
Date: [Execution Date]