Bill 39 makes several amendments to The Residential Tenancies Act (RTA), most of which clarify existing provisions and streamline the operations of the Residential Tenancies Branch. The following are some of the significant amendments:
This Bill also clarifies that
Included below are a few of the changes that are sure to impact all property owners/managers.
2(1) Clause (c) of the definition "landlord" in subsection 1(1) is replaced with the following:
(c) a person who, in exercising rights under a mortgage or another real property encumbrance, initiates proceedings to evict a tenant from a rental unit;
Subsection 25(1) is replaced with the following:
Three months' notice of rent increase
25(1) A landlord shall not increase the rent for a rental unit without giving the tenant a written notice of the intended rent increase that meets the requirements of subsection 26(1) or section 27, at least three months before the effective date of the rent increase.
7 Section 28 is replaced with the following:
Notice to be given to director
28(1) The landlord shall give a copy of the notice of rent increase to the director
(a) within 14 days after giving it to the tenant; or
(b) if no tenant is in possession of the rental unit when the notice is required to be given, within 14 days after the beginning of the 3-month period before the effective date of the increase.
Subsection 91(2) is replaced with the following:
When notice to be given
91(2) A notice of termination under subsection (1) must be given not later than
(a) 14 days after the day the tenant receives notice that the director has made an order permitting or refusing the rent increase under section 125; or
(b) if the director's order is appealed to the commission, 14 days after the day the tenant receives notice that the commission has made a decision or order.
Section 106 is replaced with the following:
"Abandoned property" defined
106(1) In this Part, "abandoned property" means personal property left by a tenant in a rental unit or residential complex that the tenant has vacated or abandoned or from which the tenant has been evicted, other than property being stored under an agreement with the landlord.
Landlord's powers regarding abandoned property
106(2) A landlord may remove, store, sell or dispose of abandoned property only in accordance with this Part.
When property to be returned to tenant
106(3) The tenant or the owner of an item of abandoned property stored by the landlord may claim the item by paying the landlord the reasonable cost of removing and storing the abandoned property and the landlord shall give the item to the tenant or owner.
Application
106.1(1) This section does not apply to abandoned property that is an item such as a personal document or photograph that by its nature is impossible or difficult to replace and is of little or no monetary value.
Worthless, unsanitary or unsafe property
106.1(2) If a landlord is satisfied on reasonable grounds that an item of abandoned property
(a) has no monetary value; or
(b) is unsanitary or unsafe to store;
the landlord may remove the item and dispose of it at an appropriate disposal facility.
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You can and should view a document that outlines all the changes made to the RTA by Bill 39 by visiting the Province of Manitoba website. If accuracy is critical, you can obtain a copy of the printed Bill from Statutory Publications.