Residential Tenancies Branch

Section 1

General Issues

Sub-Section 1.9

Mobile Homes

Legislation

s. 1(1), s. 109 – 114, s. 42-50, The Residential Tenancies Act

Definitions

Mobile home: a dwelling that is designed to be mobile and built to provide a permanent residence to one or more people; it does not include a travel or tent trailer.

Mobile home park: a residential complex where two or more mobile homes are located for 60 days or more; it includes the land, structures, services and facilities intended for the common use of the tenants.

Rental unit: any living accommodation, mobile home or site for a mobile home used or intended for use as rented residential premises.

Sublet: a tenant gives all obligations and rights in a tenancy agreement to another person, for a time, during the term of the tenancy agreement. In a sublet, the original tenant intends to return to the rental unit before the end of the tenancy agreement.

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.

Policy

The Residential Tenancies Act and its regulations apply to a tenancy agreement between an owner of a mobile home park (landlord) and a mobile home owner (tenant).

Sometimes a mobile home owner may want to move out of their mobile home and rent the mobile home and the mobile home site to another person. A mobile home owner may, with the written consent of the owner of the mobile home park, sublet the mobile home site to another person.

When this happens, this creates a subtenancy agreement between the owner of the mobile home park, the mobile home owner and the tenant of the mobile home for the rental of the site. At the time of the sublet, the owner of the mobile home park cannot increase the rent for the site since the tenancy is ongoing.

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Both the mobile home owner and the tenant of the mobile home are entitled to the benefits under the Act and the tenancy agreement. They are both liable to the owner of the mobile home park for any breach of the tenant’s obligations under the Act or the tenancy agreement for the mobile home site.

If the tenant of the mobile home doesn’t meet theobligations under the Act or the tenancy agreement for the mobile home site, the owner of the mobile home park can end the tenancy. However, before the owner can do this, they must first give the tenant a written warning or a chance to correct the problem. The owner of the mobile home park must also make all reasonable attempts to give the mobile home owner a copy of the warning and reasonable time to correct the problem.

For example: A tenant is noisy and disturbs the other people in the mobile home park. The owner of the mobile home park must tell the tenant there is a problem. They must warn the tenant and mobile home owner, in writing, that they will give the tenant notice if they receive any more complaints.

When the mobile home owner receives a copy of a warning from the park owner that the tenant is breaching the Act or the tenancy agreement for the mobile home site, they may decide to deal with the tenant on their own. A mobile home owner may follow the policies in Notice by a Landlord – Tenant not Meeting Obligations (Other than Rent).

If the tenant or mobile home owner doesn’t correct the problem, then the park owner may give a notice of termination of not less than one rental payment period.

In some cases, the owner of the mobile home park may give a five-day notice. The park owner may give the shorter notice if a tenant or a guest of the tenant:

• causes extraordinary damage;
• risks the health and safety of other people in the mobile home park;
• unreasonably disturbs the other people in the mobile home park.
• Whenever possible, the park owner should still give the tenant and mobile home owner a warning before giving a five-day notice.

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There is a separate tenancy agreement between the owner of the mobile home and the tenant for the rental of the home. Under that separate agreement, the mobile home owner is the landlord. The Act and the regulations also apply to these tenancy agreements. The mobile home owner has the benefits and obligations of a landlord under the Act and the tenancy agreement. The tenant has the benefits and obligations of a tenant under the Act and the tenancy agreement. The mobile home owner can set the rent on the mobile home. (See Setting Rent on New or Previously Exempt Rental Units and Rent Increase for New Tenants in Section 13).

Procedure

Overview

This policy is included as information for landlords, tenants and officers. If tenants and landlords aren’t able to solve a problem with a mobile home tenancy agreement or a mobile home site tenancy agreement, they can ask the Branch for help.

Steps ▼

1.The officer encourages the landlord and tenant to share information and to discuss the problem, to try to come to an agreement.

2.When a landlord or tenant asks the Branch for help with a mobile home tenancy issues, an appropriate officer follows the procedures for:

• mediation
• hearings
• rent increases

Forms & Form Letters

Standard Residential Tenancy Agreement (Mobile Homes and Sites)
................................................................Form 2/Residential Tenancies Regulation

X-Referencing

For information on mediation, see Mediation in Section 1.
For more details on Assignment and Subletting, see Section 2.
For information on hearings, see Hearings in Section 11.
For information on Rent Increases, and Mobile Home Parks – Licence Fees & Municipal Taxes, see Section 13.

Policy Developed

February, 2004

Last Revision

May, 2015

Other Resources

None

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