Tenant Protection Act index page for this old law

This law was repealed on January 31, 2007 and is no longer in use

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.

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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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.

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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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.

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.

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.

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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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.