Tenancy and Manufactured Homes (19:XVI): Difference between revisions
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Tenancy and Manufactured Homes (19:XVI) (view source)
Revision as of 20:34, 3 July 2016
, 3 July 2016→2. Pets
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Landlords may not charge pet damage deposits. | Landlords may not charge pet damage deposits. | ||
=== 3. Fees === | |||
==== a) Prohibited Fees (MHPTA , s 89(2)(k); MHPTR, s 3) ==== | |||
A landlord must not charge: | |||
*a guest fee, whether or not the guest stays overnight; or | |||
*a fee for replacement keys or other access devices if the replacement is required because the landlord changed the locks or other means of access. | |||
==== b) Refundable Fees ==== | |||
So long as an access device is not a tenant’s sole means of access to the manufactured home park, a landlord may charge a refundable fee for that device. The fee cannot be greater than the direct cost of replacing the access device. Some non-refundable fees are permissible (e.g. a $25 charge for late payment of rent or NSF cheques) as long as the fees are identified in the tenancy agreement. | |||
== E. During the Tenancy == | |||
=== 1. Rent Increases === | |||
==== a) Amount ==== | |||
Landlords are able to increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus 2 percent plus the proportionate increase in local government levies and regulated utilities (MHPTA, s 36(1)(a) and see MHPTR). A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations. | |||
'''NOTE:''' A landlord may apply under s 36 of the MHPTA for an additional rent increase above the rent increase formula, but can only do so under certain circumstances: see MHPTR, s 33(1). | |||
==== b) Notice ==== | |||
A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase, the notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (MHPTA, s 35(2)). | |||
==== c) Timing ==== | |||
A rent increase cannot be imposed for at least 12 months after whichever of the following applies (MHPTA, s 35(1)): | |||
*if the tenant’s rent increase has not previously been increased, the date on which the tenant’s rent was first established; or | |||
*if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this MHPTA. | |||