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A tenancy ends only if one or more of the following applies (MHPTA, s 37(1)): | A tenancy ends only if one or more of the following applies (MHPTA, s 37(1)): | ||
*the tenant or landlord gives notice to end the tenancy in accordance with one of the following: s 38 (tenant’s notice); s 39 (landlord’s notice: non-payment of rent); s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment); s 42 (landlord’s notice: landlord’s use of property); or, s 43 (tenant may end tenancy early). | *the tenant or landlord gives notice to end the tenancy in accordance with one of the following: | ||
NOTE: Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in MHPTA, s 45. | **s 38 (tenant’s notice); s 39 (landlord’s notice: non-payment of rent); s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment); s 42 (landlord’s notice: landlord’s use of property); or, s 43 (tenant may end tenancy early). | ||
***'''NOTE:''' Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in MHPTA, s 45. | |||
*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy; | |||
*the landlord and tenant agree in writing to end the tenancy; | |||
*the tenancy agreement is frustrated; or | |||
*an Arbitrator orders that the tenancy is ended. | |||
=== 1. Tenant’s Notice === | |||
==== a) Periodic ==== | |||
A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is not earlier than one month after the date the landlord receives the notice, and is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement. | |||
==== b) Fixed Term ==== | |||
A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that is not earlier than one month after the date the landlord receives the notice, is not earlier than the date specified in the tenancy agreement as the end of the tenancy, and is the day before the day in the month, or |