Manitoba Landlord Maintenance and Habitability Obligations

Governed by The Residential Tenancies Act (C.C.S.M. c. R119), which came into effect on 1 September 1992, Manitoba landlords are fundamentally responsible for providing a rental unit that is safe, clean, and fit for human habitation (s. 59). This obligation is continuous — it applies from the moment a tenant moves in through the entire duration of the tenancy.

The Standard of Habitability

Both before a tenant moves in and continuously throughout the lease, landlords must ensure that the rental property complies with provincial and municipal health, safety, and housing regulations. Under RTA s. 59, a landlord shall provide and maintain the residential complex and the rental unit in a good state of repair, fit for habitation and in compliance with health, safety and housing standards.

Landlord Obligations

The Winter Heating Standard

Manitoba's extreme winter climate makes heating a particularly critical obligation. Landlords must ensure:

• The heating system is capable of maintaining a minimum indoor temperature of 21°C (70°F) between 7:00 AM and 11:00 PM, and 18.3°C (65°F) between 11:00 PM and 7:00 AM (Winnipeg Neighborhood Liveability By-law No. 1/2008, s. 14)
• The heating system is inspected and serviced before the heating season begins
• Emergency heating issues in winter are treated as immediate, urgent repairs
• If the landlord provides heat as part of rent, interruptions may constitute a material breach of the lease

Handling Tenant Repair Requests

The process for standard repairs in Manitoba follows a structured workflow:

Step 1: Tenant Notification

The tenant is responsible for promptly notifying the landlord of any needed repairs or damage. This notification should be:

• In writing (for documentation purposes)
• Specific about the nature and location of the problem
• Dated and retained by both parties

Step 2: Landlord Response

Upon notification, the landlord must address the request within a reasonable time frame (RTA s. 59/60):

Step 3: Entry for Repairs

Before entering the unit to perform repairs, landlords must provide:

• At least 24 hours' written notice (and not more than two weeks' notice) for non-emergency repairs (s. 54(1))
• No notice required for genuine emergencies where delay could cause harm or significant damage
• Entry must occur between 9:00 AM and 8:00 PM

RTB Enforcement

If a landlord ignores a formal repair request, the tenant can escalate through the RTB:

1. File a Claim — The tenant submits a formal complaint to the Residential Tenancies Branch
2. Inspection — The RTB may appoint an inspector to evaluate the property
3. Order to Repair — The RTB can issue a binding Order to Repair, requiring the landlord to complete specific work within a set timeframe
4. Rent Redirection — In severe cases, the RTB may redirect rent payments to the RTB itself until the landlord demonstrates compliance
5. Penalties — Repeated non-compliance may result in fines or additional orders

Distinguishing Landlord vs. Tenant Obligations

Yard Maintenance and Snow Removal

Responsibilities depend on the type of dwelling:

Multi-Unit Complexes (Apartments):

• Landlord is strictly responsible for all exterior upkeep:
• Lawn mowing and weed control
• Common walkway snow clearing
• Parking lot snow removal and maintenance
• Landscaping and common area grounds

Single-Family Homes, Townhouses, and Duplexes:

• Tenant is generally responsible when they have exclusive use of the yard:
• Routine lawn mowing and yard care
• Snow clearing from walkways exclusive to their unit
• Landlord retains responsibility for:
• Specialized maintenance (tree spraying, professional lawn treatments)
• Unless specifically transferred to the tenant in the lease
• Mobile home tenants must keep their sites "neat and clean"

Tenant Cleaning and Damage Obligations

While the landlord manages the structure and systems, the tenant is legally obligated to:

• Maintain reasonable cleanliness within the unit (s. 71)
• Refrain from willfully or negligently damaging the property
• Cover the repair costs of any damage directly caused by themselves or their guests (s. 72)
• Report damage and needed repairs promptly
• Not interfere with the landlord's maintenance of common areas

Pest Control Responsibilities

Pest infestations are a frequent source of disputes in Manitoba:

Smoke and Carbon Monoxide Detectors

Manitoba fire safety regulations and RTB Policy 4.9 require:

• Smoke detectors on every floor of the rental unit, including the basement
• Carbon monoxide detectors where fuel-burning appliances are present (gas furnace, fireplace, attached garage)
• Landlords are responsible for installation and maintenance, including the replacement of batteries
• Tenants are responsible for testing the alarms and notifying the landlord of any malfunction
• Tenants must not tamper with or disconnect detectors

Best Practices for Landlords

1. Create a maintenance request system — Use written or digital forms to document all repair requests and responses
2. Respond promptly — Even if a permanent fix takes time, acknowledge the request within 24 hours
3. Schedule seasonal inspections — Inspect heating systems before winter and exterior drainage before spring thaw
4. Document all work — Keep receipts, contractor invoices, and before/after photos for every repair
5. Maintain emergency contacts — Have 24/7 access to plumbers, electricians, and HVAC technicians for urgent repairs
6. Service the furnace annually — Given Manitoba's extreme winters, proactive heating maintenance is non-negotiable
7. Address pest issues immediately — Delayed pest treatment typically worsens infestations and increases costs
8. Communicate clearly — Provide tenants with a clear process for reporting maintenance issues and set reasonable expectations for response times

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