Manitoba Commercial Eviction Guidelines: Re-entry & Notice Periods

Commercial landlords in Manitoba hold significantly stronger, more immediate rights concerning eviction and property reclamation than residential landlords. The process is governed primarily by commercial common law and The Landlord and Tenant Act.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Commercial landlord-tenant laws are highly dependent on the specific lease agreement. Always consult a licensed commercial real estate attorney in Manitoba. Information last verified: March 2026.

The Right of Re-entry (Eviction)

In commercial real estate, an eviction is typically executed through a landlord exercising their "right of re-entry"—meaning they legally re-enter the premises, change the locks, and terminate the tenancy.

Non-Payment of Rent

Under The Landlord and Tenant Act (and implicitly under The Real Property Act), a commercial landlord possesses a statutory right to re-enter the leased premises if rent remains unpaid for 15 days or more.

• On the 16th day following the rent due date, the landlord may change the locks.
• While the statutes provide this 15-day buffer, a commercial lease can override this. A lease might stipulate that the landlord gains the right of re-entry after only 5 days, or without any grace period at all following a formal notice of default.

Breach of Covenant

If a commercial tenant materially defaults on another promise within the lease (a "breach of covenant" such as operating an unapproved business type or failing to maintain required insurance) and this default continues for 15 days, the landlord generally has the statutory right to re-enter.

Again, commercial leases typically contain heavily detailed default clauses specifying exact cure periods (e.g., 5 days for financial defaults, 30 days for non-financial defaults) before the landlord can terminate the lease.

The Remedy of Distress

Unique to commercial tenancies is the landlord's remedy of "Distress" (also known as Distraint).

If a commercial tenant fails to pay rent, a landlord has the right to enter the premises, seize the tenant's goods, and eventually sell those goods to recover the unpaid rent.

• Distress can only be used for arrears in rent, not for future rent or other unliquidated damages.
• Landlords must provide the tenant with five days’ notice before proceeding to deliberately sell the seized goods.
• Important Distinction: A landlord generally cannot simultaneously terminate the lease (evict) and exercise the right of distress. The act of distress affirms that the landlord considers the lease to still be active. Landlords must choose one remedy or the other in consultation with legal counsel.

Best Practices During Eviction

Commercial evictions are high-stakes financial maneuvers.

1. Always Follow the Lease: Do not rely solely on the provincial 15-day statute if your lease dictates a specific notice and cure period process. Failing to follow your own lease's default provisions can expose a landlord to severe damages for unlawful eviction.
2. Utilize Bailiffs: When exercising distress or changing locks, landlords should utilize a certified commercial bailiff to execute the action professionally and legally, avoiding direct confrontation with the tenant.

Track Critical Defaults with Landager

When managing corporate tenants, strict adherence to notice periods is paramount to preserving a landlord's legal rights. Landager's lease administration platform automatically tracks rent receipt dates, generating alerts the moment a tenant passes a grace period so you can immediately instruct legal counsel to issue a Notice of Default, protecting your right of re-entry.

Back to Manitoba Commercial Tenancy Laws Overview.