Mr. Lee, a property manager in Winnipeg, Manitoba, is reviewing a new tenancy agreement. The agreement states that the tenant is responsible for paying for all repairs, including structural and major appliance failures. What should Mr. Lee advise the landlord regarding this clause?

Question: Mr. Lee, a property manager in Winnipeg, Manitoba, is reviewing a new tenancy agreement. The agreement states that the tenant is responsible for paying for all repairs, including structural and major appliance failures. What should Mr. Lee advise the landlord regarding this clause?

Answer options:

• This clause is standard in many agreements and is legally enforceable. ✅ This clause is likely unenforceable under The Residential Tenancies Act and should be removed or amended to reflect the landlord's obligations.
• The clause is acceptable only if the rent is significantly reduced to compensate the tenant.
• The clause can be included but must be specifically highlighted and agreed upon by the tenant in writing.

Correct answer: This clause is likely unenforceable under The Residential Tenancies Act and should be removed or amended to reflect the landlord's obligations.

Explanation: Under The Residential Tenancies Act (Manitoba), landlords generally have a statutory duty to maintain the rental unit and property in a good state of repair, and clauses attempting to shift this fundamental responsibility entirely to the tenant for major repairs are likely unenforceable.