Tenancy and Manufactured Homes (19:XVI): Difference between revisions
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Tenancy and Manufactured Homes (19:XVI) (view source)
Revision as of 20:38, 3 July 2016
, 3 July 2016→c) Timing
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*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 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. | *if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this MHPTA. | ||
== F. Manufactured Home Park Rules and Committee == | |||
In accordance with Part 3 of the MHPTA and the associated regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee. A park committee must make all of its decisions by unanimous agreement of all members of the committee, except resolutions regarding secret ballots made under MHPTR, s 23(8), which must be decided by majority vote. | |||
A park committee, or if none exist, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects (MHPTR, s 30): | |||
*it promotes the convenience or safety of the tenants; | |||
*it protects and preserves the condition of the manufactured home park or the landlord’s property; | |||
*it regulates access to or fairly distributes a service or facility; or | |||
*it regulates pets in common areas. | |||
The rule must not be inconsistent with the MHPTA or the regulations. A rule established, or changed is enforceable against a tenant only if (s 30(3)): | |||
*the rule applies to all tenants in a fair manner; | |||
*the rule is clear enough that a reasonable tenant can understand how to comply with the rule; | |||
*notice of the rule is given to the tenant in accordance with s 29 (disclosure); and | |||
*the rule does not change a material term of the tenancy. | |||
== G. Tenancy Agreements == | |||
Landlords and tenants may agree to any term so long as the term is not an attempt to avoid or contract out of the MHPTA or the regulations. Any attempt to avoid or contract out of the MHPTA or regulations is of no effect (MHPTA, s 5). Furthermore a term will not be enforced if it is found to be unconscionable, or the term is not expressed in a manner that clearly communicates the rights and obligations under it. The rights and obligations established by or under the MHPTA are enforceable between a landlord and tenant under a tenancy agreement. | |||
=== 1. Liability for Non-compliance === | |||
If a landlord or tenant does not comply with the MHPTA, the regulations, or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results (s 7(1)). | |||
'''NOTE:''' The innocent party always has a duty to mitigate their losses. | |||
=== 2. Specific Terms === | |||
==== a) Pets ==== | |||