Land-lease communities (mobile parks): rights and responsibilities of tenants and landlords
Tenants and landlords have certain rights and responsibilities that are specific to land-lease communities (mobile parks).
Tenants and landlords of land-lease communities (mobile parks) have certain rights and responsibilities. These guidelines provide information on giving notice to quit, special statutory conditions that apply to manufactured (mobile) homes, rental increases and selling a manufactured (mobile) home.
The Residential Tenancies Act applies to land-lease communities (mobile parks), but there are some rules that apply specifically to land-lease communities (mobile parks), including rules on notice periods, statutory conditions, rental increases and selling a manufactured (mobile) home.
Notice to quit
A tenant of a manufactured (mobile) home space needs to give the landlord at least 1 month's notice to quit. The tenant needs to use Form C: Tenant’s Notice to Quit.
Special statutory conditions for manufactured (mobile) homes
- A tenant has the right to sell or lease their manufactured (mobile) home without interference from the landlord.
- If a tenant wants to sell their home, the tenant needs to give the landlord the name and contact information of the new buyer. The landlord can only refuse to take the buyer as a tenant for specific reasons given in the regulations.
- A landlord can only be paid or get other compensation for acting as the tenant's agent in selling or leasing a manufactured (mobile) home space or manufactured (mobile) home that is in a land-lease community (mobile park) if the landlord and tenant have signed a separate written agency agreement.
- A tenant has the right to buy goods or services from whomever they want.
- A landlord can set reasonable standards for the condition of manufactured (mobile) homes and manufactured (mobile) home spaces within the land-lease community (mobile park).
- If someone selling goods or services in the land-lease community (mobile park) causes a disturbance or doesn't follow the park or traffic rules, the landlord can ask them to follow the rules. If the visitor doesn’t follow the rules, the landlord can restrict or stop that person from coming into the land-lease community (mobile park).
- A landlord needs to follow the municipal by-laws on common areas and services provided to tenants in the land-lease community (mobile park).
- A tenant needs to follow municipal by-laws on the tenant's manufactured (mobile) home and the manufactured (mobile) home space.
Regular rent increases
Landlords can increase the rent in a land-lease community (mobile park) once in any 12-month period, but not in the first 12 months after a lease is signed.
The Annual Allowable Rent Increase Amount (AARIA) is the maximum amount landlords are allowed to increase their rent by each year.
If the rent increase is less than the AARIA, the unused amount can be used in the next year's increase.
In many cases a land-lease community (mobile park) will have one rent increase date for all spaces. This date should be noted in the lease.
Rent increases higher than the AARIA
A landlord can apply for a rent increase greater than the AARIA.
Tenants can make a written response if they disagree with any of the information provided.
A landlord can raise rents by the amount in the decision. Tenants can either pay the new amount or give notice that they are leaving the land-lease community (mobile park).
Sell a manufactured (mobile) home
When a tenant plans to sell their manufactured (mobile) home to someone who will keep it in the same space in a land-lease community (mobile park), the potential buyer needs the landlord's approval to become a tenant of the community.
The potential buyer can either sign a new lease or take over the tenant’s (seller’s) existing lease.
A tenant’s first step is to let their landlord know they’re planning to sell their manufactured (mobile) home. Then, the tenant needs to arrange for the potential buyer to apply to become a tenant in the land-lease community (mobile park).
If the landlord isn’t willing to make these arrangements, or if a tenant thinks they’ll have trouble with the approval process, the tenant can use the process provided in the Residential Tenancies Act Regulations.