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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)
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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 | 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== | ===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. | 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== | |||
===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)). | 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== | |||
===4. Landlord’s Notice: Cause=== | |||
Refer to s 40(1) of the MHPTA; it is similar to the RTA section regarding Landlord’s 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. | '''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== | |||
===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: | 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 | |||
* 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=== | |||
==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). | 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= | ==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. | 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= | |||
==J. Dispute Resolution== | |||
Disputes between landlords and tenants may be resolved by applying to dispute resolution at the Residential Tenancy Branch in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution: | Disputes between landlords and tenants may be resolved by applying to dispute resolution at the Residential Tenancy Branch in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution: | ||
*rights and prohibitions under the MHPTA; | *rights and prohibitions under the MHPTA; | ||
*rights and obligations under the terms of a tenancy agreement that are required or prohibited under this 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 | *tenant’s use, occupation or maintenance of the manufactured home site; and | ||
*the use of the common areas or services. | *the use of the common areas or services. | ||
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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. | 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)). | '''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)). | ||
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