Mobile Homes

1. Does the Act apply to mobile home parks?
2. Are there statutory conditions applied to mobile homes?
3. How much notice to quit is required to be given by the tenant of the mobile home space?
4. How much notice to quit is required to be given by the landlord?
5. Is there security of tenure for tenants living in a mobile home park?
6. How much notice does a landlord have to give a tenant to increase the rent on a mobile home space?
7. Is there a prescribed rental increase form for mobile home parks?
8. How much can the landlord increase the rent?
9. What can a tenant do if a notice of a rent increase is given to increase the mobile home space?
10. Is there a time limit on filing an application disputing the rent increase for mobile homes?
11. Is there a cost for filing an application for the review?
12. When an application is filed, does it include other tenants in the mobile home park?
13. What happens when the tenant files an application for review of rent increases?
14. Can the director's order be appealed?
15. Is there a fee to appeal the director's order?
16. How do you file an appeal to the director's order?
17. Can the order of the Small Claims Court be appealed?

Does the Act apply to mobile home parks?

Yes, the Act applies to mobile home parks.

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Are there statutory conditions applied to mobile homes?

Yes, they are as follows:

• The landlord cannot restrict the tenant's right to sell or lease the tenant's mobile home.
• The landlord cannot receive any compensation for acting as the tenant's agent in selling or leasing a mobile home space, or a mobile home that is in a mobile home park, unless a separate written agency agreement has been entered into by the tenant when the tenant enters into the agreement or when he decides to sell or lease.
• The landlord cannot restrict the right of the tenant to purchase goods or services from any person of the tenant's choosing.
• The landlord may set reasonable standards for the mobile home equipment.
• When a person not living in the park offers goods or services for sale - causes a disturbance; doesn't observe the reasonable rules or violates the traffic rules and the landlord has made a request for the conduct to stop, the landlord may restrict or prohibit the entry of that person into the park.
• The landlord is responsible to comply with the municipal by-laws with regard to the common areas and services provided by the landlord to the tenants in the mobile home park.
• The tenant is responsible to comply with municipal by-laws with regards to the tenant's mobile home and the mobile home space.

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How much notice to quit is required to be given by the tenant of the mobile home space?

The tenant is to give the landlord at least one month notice to quit in writing.

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How much notice to quit is required to be given by the landlord?

The landlord is to give the tenant of the mobile home space at least six months notice to quit in writing.

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Is there security of tenure for tenants living in a mobile home park?

Yes, if the tenant in the mobile home park has lived in the residential premises for more than one year.

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How much notice does a landlord have to give a tenant to increase the rent on a mobile home space?

The landlord must give the tenant seven month's written notice prior to:

• the anniversary date of the tenancy
• the rent increase date for the mobile home parks if the landlord has determined one.

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Is there a prescribed rental increase form for mobile home parks?

Yes. A copy of the form is available in the Residential Tenancies Act.

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How much can the landlord increase the rent?

There is no set amount. The landlord must justify any rent increase if the tenant files an application requesting a review of the rent increase.

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What can a tenant do if a notice of a rent increase is given to increase the mobile home space?

Check the form to see if it has been completed correctly. If it is correct, consider the amount of the increase. If the tenant is not satisfied the tenant can file an Application to the Director and request a review.

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Is there a time limit on filing an application disputing the rent increase for mobile homes?

Yes, within 30 days of receipt of the notice of a rent increase.

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Is there a cost for filing an application for the review?

Yes, a $28.59 fee.

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When an application is filed, does it include other tenants in the mobile home park?

Yes, the tenants who have received the same notice of rent increase and pay the same rents are automatically joined to the review.

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What happens when the tenant files an application for review of rent increases?

The tenant files the application at a residential tenancies office. A hearing date is assigned to the file and the tenant is responsible to personally serve the landlord with a copy of the completed application to director and a financial information form to be completed by the landlord. The landlord must return the completed financial information to the office where the file is going to be heard. All the tenants joined in the application are able to view this information. The landlord and tenants attend the hearing in order to give evidence. Evidence is collected by the tenancy officer and within 14 days a director's order will be made.

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Can the director's order be appealed?

Yes, either the landlord or tenant can file an appeal to the Small Claims Court within 10 days of the signing date of the director's order.

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Is there a fee to appeal the director's order?

Yes. The fee is $179.35.

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How do you file an appeal to the director's order?

An appeal must be filed in the Small Claims Court that serves your area.

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Can the order of the Small Claims Court be appealed?

Yes, it may be appealed to the Supreme Court. It can only be appealed on a question of law or jurisdiction.

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