Tenancy and Manufactured Homes (19:XVI)

A. General

In 2004, the Manufactured Home Park Tenancy Act, SBC 2002, c 77 [MHPTA] was given effect in order to meet the unique needs of landlords of manufactured home parks and owners of manufactured homes who rent the site on which their homes sit. If one rents both the manufactured home and the pad it sits on, the tenant is covered by the RTA, and therefore has the same legal rights as other tenants in British Columbia.

A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the Manufactured Home Park Tenancy Regulations, BC Reg 481/2003 [MHPTR].

B.Definitions

1.Common Area A  Common  Area  is  defined  as  any  part  of  a  manufactured  home  park  the  use  of  which  is shared by tenants or by a landlord and one or more tenants.2.Landlord Includes  the  owner  of  the  manufactured  home  site;  the owner’ s  agent  or  another  person who  permits  occupation  of  the  manufactured  home  site under  a  tenancy  agreement  on  the landlord’ s  behalf; the  owner’ s heirs,  assignees,  personal  representatives  and  successors  in title;  a  person,  other  than  a  tenant  whose  manufactured  home  occupies  the  manufactured home site, who is entitled to possession of the manufactured home site and exercises any of a   landlord’ s rights   under   a   tenancy   agreement   or   the   MHPTA   in   relation   to   the manufactured home site. 3.Manufactured Home Means  a  structure,  whether  or  not  ordinarily  equipped  with  wheels,  that  is  designed, constructed  or  manufactured  to  be  moved  from  one  place  to  another  by  being  towed  or carried, and used or intended to be used as living accommodation. 4.Manufactured Home Site This is  a  site in  a  manufactured  home  park,  rented  or intended  to  be  rented  to  a  tenant for the purpose of being occupied by a manufactured home. C.Moving In Landlords may require a tenant to provide proof of third party liability insurance held by the mover as security against damages caused by the move of a home into a park (MHPTA, s 29). Prior  to  a  person’ s  entering  into  a  tenancy  agreement  with  a  landlord,  the  landlord  must  disclose  in writing to that person all rules in effect at the time of his or her entering into the tenancy agreement. D.Deposits 1.Security Deposits A  landlord  cannot  require  or  accept  a  security  deposit  in respect  of  a  manufactured  home site tenancy. If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount (MHPTA, s 17). Security deposits held by landlords before the effective date of the MHPTA may be retained until  the  end  of  the  tenancy.  A  landlord  who  does  not  return  or  file  a  claim  against  the deposit at the end of tenancy could be required to pay the tenant double the amount of the deposit. 2.Pets Landlords may not charge pet damage deposits.