Renters’ rights

Hey there, time traveller!
This article was published 06/04/2020 (2154 days ago), so information in it may no longer be current.

The first of the month is a stressful day for many renters across Manitoba.

As of 2018, about 11 per cent of all Manitoban renters paid more than half their income on shelter costs. According to the Canadian Centre for Policy Alternatives, it takes on average two full-time workers to be able to afford a two-bedroom apartment. And for a single person making minimum wage to pay for a one-bedroom unit, they’d need to work 63.7 hours weekly.

COVID-19 has made those statistics even more dire: workers are losing employment, wages are being lost, and many renters who have in the past been able to cover their rent without hesitation are now unsure whether they’ll be able to pay it.

Gord McIntyre, the co-ordinator of the Winnipeg Rental Network, said it’s a critical time for renters, and that it’s important for them to know their rights.

The Free Press asked McIntyre general questions tenants may have about rent, evictions, and utilities, and included the provincial government’s official stances as well.

Can I get evicted right now?

McIntyre said this is a two-pronged question. Tenants can still face eviction orders for what’s referred to as “severe impairment of safety” toward other tenants in their building. That includes threatening people with weapons or engaging in illegal activity in their units, for example.

However, the province announced on March 24 that ‘non-urgent’ eviction hearings are postponed until May 31, meaning that no tenant can legally be evicted for being unable to pay their rent for the time being.

McIntyre said if tenants can’t pay their rent and are threatened with eviction for that reason, it is within their rights to stay put. Tenants have the right to fight their evictions in a hearing at the Residential Tenancies Branch, and although those are temporarily on hold, the right to represent yourself is not.

The province says that if a tenant doesn’t pay rent, a landlord still has the option of applying for an Order of Possession, with a hearing scheduled once the suspension is lifted.

“The bottom line is, the landlord can’t take any action against you (for non-urgent matters) until May 31,” McIntyre said. Any evictions carried out for non-urgent reasons would be illegal ones.

My income has been affected, and I can’t afford to pay my rent right now

McIntyre and the province both say if you find yourself in this spot, it’s important to communicate with your landlord and explain your situation. That’s the normal course of action as well, but right now, it’s especially vital to be forthcoming, McIntyre said.

He says renters should look to explain what’s happened to them, and ideally come up with an alternative payment plan.

The province says that “tenant(s) are still obligated to pay their rent in full and on time,” and that late fees may be charges if payment is not made in time. However, the government has also said that if rent cannot be paid on time, tenants should “talk to their landlord right away to see if alternative payment arrangements can be made.”

“Try to come up with a payment plan that you both agree with, and set out the agreement in writing,” the province says. “Try to keep supporting documentation, like a Record of Employment or proof of EI claim in case it’s needed.”

McIntyre said that at this point, people should implement plans to pay what they can if they can’t afford their full rent costs.

A provincial spokesperson said that if alternate arrangements are made, the discussion should include whether or not the landlord can charge late fees on any outstanding rent. So, ask for no late fees if you’re drafting an alternate plan.

I am still able to afford my rent and my employment is stable. Should I still pay?

The province is adamant on this, saying that renters with the means to do so should still pay their rent.

McIntyre agrees.

What has been done to make rent more affordable in Manitoba during COVID-19?

The province has temporarily frozen rent increases which were set to take effect between Apr. 1 and May 31. That means that if a tenants’ rent was planned to climb, they will be allowed to pay the pre-increase total instead.

The province says that once the rent freeze has been lifted, tenants “will be required to pay the increased amount for monthly rental payments going forward.”

The increased amount will not be withdrawn retroactively for the months during the freeze, a provincial spokesperson said.

Federally, the government has implemented economic response packages, including increased EI availability, tax payment deferrals, and wage subsidies. However, the province hasn’t implemented any such programs targeted specifically at renter support.

I might not be able to pay my Hydro. Will it get shut off?

Manitoba Hydro has said it will not disconnect customers from its services during the pandemic.

Hydro says that if a customer is unable to make payments for their bills by their due date, they should contact the Crown corporation to make a payment arrangement. That can be done through emailing credit@hydro.mb.ca or by calling 1-204-480-5900. More details are online at hydro.mb.ca/covid19.

ben.waldman@freepress.mb.ca

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