Difference between revisions of "Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)"
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Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice: | Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice: | ||
*non-payment of rent: five days; | *non-payment of rent: five days; | ||
* | *landlord’s cause: 10 days; and | ||
*landlord’s use of property: 15 days. | |||
=== 6. Moving Out Early After Receiving a Notice === | |||
If a landlord gives a tenant notice to end a periodic tenancy under s 42 (landlord use of property), the tenant may subsequently end the tenancy with ten days written notice to the landlord: see MHPTA, s 43. | |||
=== 7. Required Form === | |||
In order to be effective, a notice to end tenancy must be in writing and must be signed and dated by the landlord or tenant giving the notice, give the address of the manufactured home site, state the effective date of the notice, except for a notice under s 38(1) or (2) (tenant’s notice), state the grounds for ending the tenancy, and '''when given by a landlord be in the approved form (RTB Form)''' (MHPTA, s 45). | |||
== I. Moving Out == | |||
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 out of a park. | |||
== J. Dispute Resolution == | |||
Disputes between landlords and tenants may be resolved by applying to dispute resolution. The following are typical examples: | |||
*rights and prohibitions under the MHPTA; | |||
*rights and obligations under the terms of a tenancy agreement that are required or prohibited under this MHPTA; | |||
*tenant’s use, occupation or maintenance of the manufactured home site; and | |||
*the use of the common areas or services. | |||
A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim is for more than the monetary limit under the ''Small Claims Act'', the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court. | |||
See s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute, and be accompanied by the fee; it is possible for this fee to be waived. | |||
'''NOTE:''' If the MHPTA does not state a time by which an application for dispute resolution must be filed, it must be filed within two years of the date that the tenancy to which the matters relates ends or is assigned (MHPTA, s 53(1)). |