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Difference between revisions of "Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)"
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Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV) (view source)
Revision as of 20:47, 3 July 2016
, 20:47, 3 July 2016→b) Fixed Term
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==== b) Fixed Term ==== | ==== 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 | 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 in the other period on which the tenancy is based, that rent is payable under the tenancy agreement. | ||
==== c) Material Term Breach ==== | |||
If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord notice to end the tenancy effective on a date that is after the date the landlord receives the notice. See Section IX.C Required Notice at 1, Form and Basic Requirements. | |||
=== 2. Failure to Pay Rent === | |||
A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (MHPTA, s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the MHPTA to deduct from rent, if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution. If however the tenant does not dispute the notice and does not pay the amount owed the landlord can go to the Residential Tenancy Branch and apply for an Order of Possession without a hearing. | |||
=== 3. Landlord’s Use === | |||
A landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park (MHPTA, s 42(1)). A notice to end a tenancy under this section must end the tenancy effective on a date that is not earlier than 12 months after the date the notice is received 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, and if the tenancy agreement is a fixed term tenancy agreement, is not earlier than the date specified as the end of the tenancy. A tenant may be entitled to 12 months’ rent compensation where a landlord gives a tenant notice under s 42 (s 44(1)). | |||
=== 4. Landlord’s Notice: Cause === | |||
Refer to s 40(1) of the MHPTA; it is similar to the RTA section regarding Landlord’s Cause. | |||
'''NOTE:''' Notice in this section must end tenancy effective on a date that is not earlier than one month after the date the notice is received, and 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. | |||
=== 5. Disputing 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; | |||
*landlord’ s cause: 10 days; and | |||