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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART V


MOBILE HOME PARKS AND LAND LEASE COMMUNITIES




Interpretation


Part applies to land lease communities

103. This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks. 1997, c. 24, s. 103.


Interpretation

104. A reference in this Part to a tenant's mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement. 1997, c. 24, s. 104.


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Rights and Duties of Landlords and Tenants


Tenant's right to sell, etc.

105. (1) A tenant has the right to sell or lease his or her mobile home without the landlord's consent.


Landlord as agent

(2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations.


Same

(3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void. 1997, c. 24, s. 105.


Landlord's right of first refusal

106. (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord.


Same

(2) If a tenant receives an acceptable offer to purchase a mobile home, the landlord has a right of first refusal to purchase the mobile home at the price and subject to the terms and conditions in the offer.


Same

(3) A tenant shall give a landlord at least 72 hours notice of a person's offer to purchase a mobile home before accepting the person's offer.


Landlord's purchase at reduced price

(4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser's offer to purchase, the landlord may exercise the option to purchase the mobile home, but the provision is void with respect to the landlord's right to purchase the mobile home at the lesser price. 1997, c. 24, s. 106.


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Advertising a sale


For sale signs

107. (1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2).


Alternative method of advertising a sale

(2) A landlord may prevent a tenant who owns a mobile home from placing a for sale sign in a window of a mobile home if all of the following conditions are met:

    1. The prohibition applies to all tenants in the mobile home park.

    2. The landlord provides a bulletin board for the purpose of placing for sale advertisements.

    3. The bulletin board is provided to all tenants in the mobile home park free of charge.

    4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times. 1997, c. 24, s. 107.


Assignment

108. A landlord may not refuse consent to the assignment of a site for a mobile home on a ground set out in clause 17 (2) (b) or 17 (3) (c) if the potential assignee has purchased or has entered into an agreement to purchase the mobile home on the site. 1997, c. 24, s. 108.


Restraint of trade prohibited

109. (1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2).


Standards

(2) A landlord may set reasonable standards for mobile home equipment. 1997, c. 24, s. 109.


Responsibility of landlord

110. (1) A landlord is responsible for,

    (a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals;

    (b) maintaining mobile home park roads in a good state of repair;

    (c) removing snow from mobile home park roads;

    (d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;

    (e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and

    (f) repairing damage to a tenant's property, if the damage is caused by the wilful or negligent conduct of the landlord.


Application for relief

(2) A tenant or former tenant may apply to the Tribunal for relief as a result of a breach of the landlord's obligations under this section if the application is made within one year after the date the landlord breached the obligation.


Order

(3) In an order under this section, the Tribunal may,

    (a) terminate the tenancy;

    (b) order an abatement of the rent;

    (c) authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant;

    (d) order the landlord to do specified repairs or other work within a specified time;

    (e) make any other order the Tribunal considers appropriate.


Same

(4) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 110.


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Termination of Tenancies


Mobile home abandoned

111. (1) This section applies if,

    (a) the tenant has vacated the mobile home in accordance with,

      (i) a notice of termination of the landlord or the tenant,

      (ii) an agreement between the landlord and tenant to terminate the tenancy, or

      (iii) an order of the Tribunal terminating the tenancy; or

    (b) the landlord has applied for an order under section 78 and the Tribunal has made an order terminating the tenancy.


Notice to tenant

(2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord's intention to do so,

    (a) by registered mail, sent to the tenant's last known mailing address; and

    (b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located.


Landlord may dispose of mobile home

(3) The landlord may sell, retain for the landlord's own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord's intended disposal.


Same

(4) If, within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of,

    (a) the landlord's reasonable out of pocket expenses incurred with respect to the mobile home; and

    (b) any arrears of rent of the tenant.


Same

(5) If within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has retained for the landlord's own use the landlord shall return the mobile home to the tenant.


(6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home.


No liability

(7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 111.


Death of mobile home owner

112. Sections 49 and 50 do not apply if the tenant owns the mobile home. 1997, c. 24, s. 112.


Extended notice of termination, special cases

113. If a notice of termination is given under section 53 with respect to a tenancy agreement for a mobile home owned by the tenant, the date for termination specified in the notice shall be at least one year after the date the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 113.


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Rules Related to Rent and Other Charges


New tenant

114. (1) Despite subsection 17 (8) and section 124, if a new tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the landlord may not charge the new tenant a rent that is greater than the last lawful rent charged plus the prescribed amount.


Same

(2) If an assignee of a tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the assignee shall be deemed to be a new tenant for the purposes of subsection (1).


Exception

(3) Subsection 138 (11) does not apply with respect to a site for a mobile home if there is a new tenancy agreement with respect to the site and the new tenant purchased or has entered into an agreement to purchase the mobile home located on the site. 1997, c. 24, s. 114.


Entrance and exit fees limited

115. A landlord shall not charge for any of the following matters, except to the extent of the landlord's reasonable out of pocket expenses incurred with regard to those matters:

    1. The entry of a mobile home into a mobile home park.

    2. The exit of a mobile home from a mobile home park.

    3. The installation of a mobile home in a mobile home park.

    4. The removal of a mobile home from a mobile home park.

    5. The testing of water or sewage in a mobile home park. 1997, c. 24, s. 115.


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Proceedings before the Tribunal


Increased capital expenditures

116. (1) If the Tribunal finds that a capital expenditure is for infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them, despite subsections 138 (9) and (10), the Tribunal may determine the number of years over which the rent increase justified by that capital expenditure may be taken.


Definition

(2) In this section,

"infrastructure work" means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park. 1997, c. 24, s. 116.


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