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Housing and Property
Landlords and Tenants of Mobiles Homes
Introduction The Residential Tenancies Act governs landlords and tenants in New Brunswick. For the most part, the rights and obligations under the Residential Tenancies Act are common to all landlords and tenants. However, some of the rights and obligations are different for landlords and tenants of mobile home sites.
The purpose of this pamphlet is to answer some of the questions commonly asked about landlord and tenant relationships in mobile home sites. The pamphlet does not contain a complete statement of the law in the area and laws change from time to time. Anyone requiring specific legal advice should contact a rentalsman or a lawyer.
Persons needing information about the rental of apartments, houses and other residential premises should see PLEIS-NB's pamphlet entitled Landlords and Tenants.
Does the information contained in this pamphlet apply to all mobile home sites? The information in this pamphlet applies to sites in mobile home parks which contain two or more sites. Where there are less than two mobile home sites in a park, or where the tenant uses the dwelling as a vacation home for a temporary or seasonal period, different rules apply. These sites are governed by the same rules that apply to the rental of apartments and other residential premises.
Must the landlord and tenant of a mobile home site sign a lease? In New Brunswick, the landlord and tenant must sign a lease called the Standard Form of Lease For Mobile Home Sites. These leases are available at stationary stores. Even if the landlord and tenant do not sign such a lease, the Residential Tenancies Act still regulates the relationship.
Duties of Landlords and Tenants - What are the duties of the landlord of a mobile home site? Landlords must keep the site and common areas such as roads and playgrounds habitable, safe and in a good state of repair. Landlords also must abide by all health, safety, housing and building standards. The landlord of a mobile home site must repair any damage to a tenant's mobile home caused by the landlord or somebody acting for him or her. This also applies to damage done to any structure placed by the tenant on the mobile home site.
What are the duties of the tenant of a mobile home site?
To keep the mobile home's exterior and any structure placed by the tenant on the mobile home site in a good state of neatness, cleanliness and repair.
To respect the rights and privileges of other tenants in the mobile home park.
To ensure that they and their guests do not cause a disturbance or nuisance.
To not carry on illegal activities in the mobile home or on the site.
To obey municipal laws which set the number of persons who can live in a mobile home.
Lease Changes, Security Deposits and Rent Increases - Can the landlord change a condition in the lease after it is signed? The landlord may change any condition in the lease, except the one setting the rent. The landlord must give the tenant at least three months written notice of the change. However, the landlord cannot opt out of the mandatory rights and duties under the Residential Tenancies Act. The change must also be fair and reasonable. A typical change to a lease might concern the parking of vehicles or the keeping of pets.
A tenant who disagrees with a change proposed by a landlord has a remedy. The tenant, upon receiving notice of a change, may apply to the rentalsman in writing within 15 days to have the notice reviewed.
Is the tenant required to pay a "security deposit"? A landlord may require the tenant to pay a "security deposit". The security deposit may be thought of as good faith money. If the tenant fails to pay rent or damages the site the landlord may claim the security deposit. Landlords of mobile home sites have the right to ask for a deposit greater than 1 month's rent. However, in no case can a landlord require an amount greater than three months rent. If the tenant keeps the site in good condition and pays the rent, he or she will get the security deposit back at the end of the tenancy.
Can the landlord increase the rent? Yes. However, the landlord must give the tenant at least 6 months written notice of the rent increase. Written notice must be given on a document separate from any other notice or receipt given to or served on the tenant by the landlord. Also, landlords must not "single out" individual tenants for rent increases. Finally, the rent increase must apply to the whole park or to a distinct area of the park by the same percentage. The tenant who feels he or she did not get proper notice of a rent increase may apply to the rentalsman in writing within 15 days to have the notice reviewed.
What if the tenant would rather move than pay more rent? A tenant who receives 6 months notice of a rent increase has the right to end the lease on the last day of one of the months during the 6 month notice period. To do so, the tenant must serve a written notice of termination on the landlord. The landlord must receive the notice at least 1 month before the termination date. For example, if the tenant wants the termination to take effect on May 31st, the notice of termination must be received by the landlord no later than May 1st.
Ending the Lease - Can the landlord end the lease and force the tenant to leave the mobile home site? Landlords of mobile home sites must have good reason to end a lease. If the tenant breaks a condition of the lease, other than rent, the landlord may serve him or her with a written notice of complaint. The tenant has 7 days to set matters straight. If the tenant does not do so, the landlord may inform the rentalsman by sending a copy of the notice served on the tenant. The rentalsman has the authority to investigate including inspecting the premises. The rentalsman may require the tenant to fulfil his or her responsibilities. If the tenant does not, the landlord can ask the rentalsman to serve a written notice to quit on the tenant. In an emergency, the landlord may contact the rentalsman directly without the usual notices and waiting periods. The rentalsman may then investigate immediately.
The landlord may also end the lease if he or she needs the tenant's mobile home site for valid personal reasons or for redevelopment. In this case, the landlord must give the tenant at least 6 months notice to end the lease. The landlord must state the reason for ending the lease. The tenant, upon receiving a notice of termination, may apply to the rentalsman to have the notice reviewed. The tenant must apply in writing within 15 days of receiving the notice.
Can the landlord end the lease if the tenant does not pay the rent when it is due? If the tenant does not pay the rent when it is due, the landlord can take immediate action to end the lease. He or she can serve the tenant with a notice to vacate. A copy of the notice must be sent to the rentalsman. Unless the tenant pays all the rent that is due within 7 days of receiving the notice, he or she must leave the site on the date set in the notice.
The fourth time a tenant receives a notice to vacate because of late rent, the landlord does not have to wait 7 days for the tenant to pay. The landlord then has the right to end the lease on the date set in the final notice to vacate and the tenant is still responsible for paying his or her rent.
Can the tenant end the lease? Yes. The tenant can end the lease by giving the landlord at least 2 months notice. However, if the tenant has received a notice of a rent increase or a notice of termination, he or she must give only 1 month's notice to end the lease.
Selling the Mobile Home and Assigning the Lease - Can the landlord place restrictions on the tenant's right to sell his or her mobile home? No. Landlords cannot restrict the right of a tenant to sell, lease or transfer his or her mobile home. For example, landlords cannot restrict the use of sale signs or real estate agents when the tenant is trying to sell his or her mobile home.
Can the landlord act as the agent of the tenant to sell or lease the mobile home? Yes. The landlord and tenant can agree to authorize the landlord to act as an agent to sell or lease the mobile home. However, such agreements will be void if the agreement is:
(a) a condition that is contained in the lease
(b) a condition that the tenant must agree to in order to enter the lease or
(c) a condition that the tenant must agree to in order to prevent the termination of the lease.
Is the landlord entitled to any money for selling or leasing the mobile home while acting as the agent of the tenant? Yes, but only if the landlord and tenant made such an agreement after the tenant placed the mobile home on the site.
Can the landlord charge the tenant fees for the installation and removal of the mobile home? Yes. However, any fees the landlord charges must be reasonable.
Can the tenant assign his or her lease to another person? By law, tenants have a right to assign their leases. However, landlords can require tenants to get their consent first. Where consent is required a tenant must give notice to the landlord of the assignment. Landlords cannot refuse to consent to the assignment without good reason. If the landlord refuses to consent, the tenant may apply in writing to a rentalsman to have the matter reviewed. A decision of the rentalsman can be appealed to the chief rentalsman.
What happens if the tenant sells his or her mobile home? If the owner of the mobile home sells the home to another person, all rights and duties in the lease of the site are assigned to the buyer. The buyer becomes the new tenant of the mobile home site and takes full responsibility for the rented premises.
What happens if the tenant rents his or her mobile home? If the owner of the mobile home rents the home to another person he or she makes a partial assignment of the lease for the rental period. In such cases the home owner remains responsible for the conduct and performance of the "renter" and the park owner must serve both parties with most notices required by the Residential Tenancies Act. For routine matters, the park owner will deal directly with the "renter" during a partial assignment.
Evictions - Can the landlord evict a tenant who will not leave after getting proper notice? If the tenant will not leave after receiving proper notice, the landlord can ask the rentalsman for help. The rentalsman may get an order for the sheriff and his or her officers to remove the tenant from the site.
The landlord cannot take possession of the rented site without such an order. The landlord does not have the authority to evict the tenant by preparing his or her own written or verbal eviction notice. Only the sheriff may evict the tenant.
Can the landlord evict a tenant for complaining to the rentalsman? No, the landlord cannot force a tenant to move out because of a complaint. Nor can the landlord try to get rid of a tenant by increasing the rent immediately following a complaint.
If the landlord takes these actions within 1 year of the date of a complaint, the tenant can contest. To do so, the tenant must inform the rentalsman within 15 days of receiving a notice from the landlord. The landlord must satisfy the rentalsman that he or she did not serve the notice to get even for a complaint. If the rentalsman concludes it was in retaliation, the notice will not be valid.
For More Landlord/Tenant Information check out the Rentalsman’s website at http://www.snb.ca/irent. Or, contact the Office of the Rentalsman nearest you. These are:
Bathurst Area Rentalsman
Executive Tower • PO Box 5001 • 161 Main Street • Bathurst, NB • E2A 3Z9 • 547-2162 • fax 547-2106
Campbellton Area Rentalsman
City Centre Mall • PO Box 5001 • 157 Water Street • Campbellton, NB • E3N 3H5 • 789-2362 • fax 789-4866
Edmundston Area Rentalsman
Carrefour Assomption • PO Box 5001 • 121 de l'Église Street, Room 212 • Edmundston, NB • E3V 3L3 • 735-2096 • fax 737-4427
Fredericton Area Rentalsman
City Centre • PO Box 1998 • 432 Queen Street • Fredericton, NB • E3B 1B6 • 453-2557 • fax 457-7289
Moncton Area Rentalsman
Place 1604 • 200 Champlain Street • Dieppe, NB • E1A 1P1 • 856-2330 • fax 856-3177
Saint John Area Rentalsman
King's Square North • PO Box 5001 • 15 King's Square North, 2nd Floor • Saint John, NB • E2L 4Y9 • 658-2512 • fax 658-3096
Public Legal Education and Information Service of New Brunswick is a non-profit organization. Its goal is to provide New Brunswickers with information about the law.
PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation, and the New Brunswick Department of Justice and Consumer Affairs.
PLEIS-NB wishes to acknowledge the help and cooperation of the Office of the Rentalsman in the preparation of this booklet.
Published by:
P.O. Box 6000
Fredericton, N.B. E3B 5H1
CANADA
Tel: (506) 453-5369
Fax: (506) 462-5193
Email: pleisnb@web.ca
Revised: July 2009
ISBN: 1-55137-151-0
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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
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