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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 07:30, 30 December 2020
, 07:30, 30 December 2020→H. Ending a Tenancy
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== '''H. Ending a Tenancy''' == | == '''H. Ending a Tenancy''' == | ||
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). | ||
: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. | |||
:NOTE: Section 11 of Ministerial Order 89 of 2020 prohibits landlords from giving notices to end tenancy despite sections 37(1)(a)(ii) to (v) and sections 39 to 42 of the MHPTA between March 30th, 2020 and June 23rd, 2020. If a notice to end tenancy was given before March 30th, 2020, then the notice remains in effect, subject to the dispute resolution process and an order of possession may be granted under section 48 of the MHPTA. However, sections 13 and 14 of the Order prevents the application for orders of possession or the enforcement of existing writs of possession between March 30th, 2020 and when the BC Provincial State of Emergency expires unless the order was applied for and granted under section 49 or 49.1 of the MHPTA or the order of possession was permitted under section 12(2) of the Order. Section 8 of Ministerial Order 195 of 2020 prevents Landlords from giving notices to end tenancy for unpaid or late rent or utility that is due after June 24th, 2020 and when the BC. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information. | |||
*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. | |||
*the tenancy agreement is a sublease agreement. | |||
=== '''1. Tenant’s Notice''' === | === '''1. Tenant’s Notice''' === | ||
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==== '''a) Periodic''' ==== | ==== '''a) Periodic''' ==== | ||
A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is: | 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''' ==== | ==== '''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: | 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. | |||
'''(1) Exception for Family Violence or Long-Term Care''' | '''(1) Exception for Family Violence or Long-Term Care''' | ||
Section 45.1 of the RTA allows tenants who have been assessed as requiring long-term care, have moved into a long-term care facility, or have been confirmed as being at risk of family violence if they remain in the rental unit, may end a fixed-term tenancy by giving one month’s notice to the landlord. See Section Forced End of Tenancy (Termination/Eviction), above. | Section 45.1 of the RTA allows tenants who have been assessed as requiring long-term care, have moved into a long-term care facility, or have been confirmed as being at risk of family violence if they remain in the rental unit, may end a fixed-term tenancy by giving one month’s notice to the landlord. See Section Forced End of Tenancy (Termination/Eviction), above. | ||
NOTE: For clarity, “family violence” is defined under the Family Law Act, SBC 2011 c. 25 to include | |||
*(a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm, | |||
*(b) sexual abuse of a family member, | |||
*(c) attempts to physically or sexually abuse a family member, | |||
*(d) psychological or emotional abuse of a family member, including | |||
**(i)intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property, | |||
**(ii)unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy, | |||
**(iii)stalking or following of the family member, and | |||
**(iv)intentional damage to property, and | |||
*(e) in the case of a child, direct or indirect exposure to family violence. | |||
==== '''c) Material Term Breach''' ==== | ==== '''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. | 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. | ||
=== '''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, or 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. | |||
However, if 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. | However, if 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. | ||
NOTE: After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy. | NOTE: After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy. | ||
=== '''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: | 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. | |||
Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date. | Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date. | ||
A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance to MHPTA s 43. | A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance to MHPTA s 43. | ||
A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if: | A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if: | ||
*They are not able to obtain the necessary permits, licenses, approvals or certificates required by law to move the manufactured home OR they are not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; AND | |||
*The tenant does not owe any tax in relation to the manufactured home. | |||
If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home. | |||
If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home. | If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home. | ||
*If the landlord closes a manufactured home park to be converted for residential or non-residential use (s. 42(1)) but have not taken any steps to accomplish the stated purpose in a reasonable time after the effective date of the notice, the landlord would have to compensate the tenant $5000- or 12-months’ rent, whichever is higher. However, if an Arbitrator determines there are extenuating circumstances, this compensation can be excused. | |||
=== '''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 to end tenancy must take effect on a date that is: | NOTE: Notice to end tenancy must take effect 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. | |||
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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. Required Form''' === | === '''6. Required Form''' === | ||
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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. Dispute Resolution''' == | == '''I. Dispute Resolution''' == | ||