Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 25.6
Disposition versions

Full text
Limitation on landlord’s right to terminate
25.6(1)A landlord of a mobile home site shall not serve a notice of termination of a tenancy of a mobile home site unless
(a) the landlord intends in good faith that the mobile home site will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,
(b) the mobile home site will be used other than as a mobile home site, or
(c) the mobile home site will be renovated to such an extent that vacant possession is necessary to perform the renovation.
25.6(2)A landlord who serves a notice of termination of a tenancy of a mobile home site shall state the reason for the termination in the notice of termination.
25.6(3)A tenant of a mobile home site who is served notice of termination of the tenancy may apply in writing to a residential tenancies officer within fifteen days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
25.6(4)If a tenant of a mobile home site applies to a residential tenancies officer under subsection (3), the residential tenancies officer shall review the notice and shall ask the landlord to establish the reason for the termination.
25.6(5)The residential tenancies officer shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
25.6(6)The residential tenancies officer shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord of the mobile home site establishes to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
25.6(7)If a tenant of a mobile home site does not apply to a residential tenancies officer under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
25.6(8)Notwithstanding subsections (7) and 25.51(2), a tenant of a mobile home site who is served a notice of termination of the tenancy may terminate the tenancy during the six month notice period by serving a notice of termination on the landlord of the mobile home site at least one month before the expiration of any month within the six month period to be effective on the last day of that month.
25.6(9)If a landlord who has served a notice of termination of a tenancy of a mobile home site does not, within two months after the tenancy terminates, occupy, lease, use or renovate the mobile home site in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may bring an action to compensate the tenant for losses caused by the removal of the tenant’s mobile home from the mobile home site and the installation of the mobile home on another mobile home site including the costs of the removal and installation.
25.6(10)If a notice of termination is served by a landlord of a mobile home site on a tenant of the mobile home site before this subsection comes into force, but the termination is not effective until after the subsection comes into force, the notice is void unless it has been served in accordance with subsection 25.51(1), the reason for the termination is one of those listed in subsection 25.6(1) and the reason has been stated in the notice.
1993, c.23, s.6; 2017, c.1, s.1
Limitation on landlord’s right to terminate
25.6(1)A landlord of a mobile home site shall not serve a notice of termination of a tenancy of a mobile home site unless
(a) the landlord intends in good faith that the mobile home site will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,
(b) the mobile home site will be used other than as a mobile home site, or
(c) the mobile home site will be renovated to such an extent that vacant possession is necessary to perform the renovation.
25.6(2)A landlord who serves a notice of termination of a tenancy of a mobile home site shall state the reason for the termination in the notice of termination.
25.6(3)A tenant of a mobile home site who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
25.6(4)If a tenant of a mobile home site applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.
25.6(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
25.6(6)The rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord of the mobile home site establishes to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
25.6(7)If a tenant of a mobile home site does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
25.6(8)Notwithstanding subsections (7) and 25.51(2), a tenant of a mobile home site who is served a notice of termination of the tenancy may terminate the tenancy during the six month notice period by serving a notice of termination on the landlord of the mobile home site at least one month before the expiration of any month within the six month period to be effective on the last day of that month.
25.6(9)If a landlord who has served a notice of termination of a tenancy of a mobile home site does not, within two months after the tenancy terminates, occupy, lease, use or renovate the mobile home site in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may bring an action to compensate the tenant for losses caused by the removal of the tenant’s mobile home from the mobile home site and the installation of the mobile home on another mobile home site including the costs of the removal and installation.
25.6(10)If a notice of termination is served by a landlord of a mobile home site on a tenant of the mobile home site before this subsection comes into force, but the termination is not effective until after the subsection comes into force, the notice is void unless it has been served in accordance with subsection 25.51(1), the reason for the termination is one of those listed in subsection 25.6(1) and the reason has been stated in the notice.
1993, c.23, s.6
Limitation on landlord’s right to terminate
25.6(1)A landlord of a mobile home site shall not serve a notice of termination of a tenancy of a mobile home site unless
(a) the landlord intends in good faith that the mobile home site will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,
(b) the mobile home site will be used other than as a mobile home site, or
(c) the mobile home site will be renovated to such an extent that vacant possession is necessary to perform the renovation.
25.6(2)A landlord who serves a notice of termination of a tenancy of a mobile home site shall state the reason for the termination in the notice of termination.
25.6(3)A tenant of a mobile home site who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
25.6(4)If a tenant of a mobile home site applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.
25.6(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
25.6(6)The rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord of the mobile home site establishes to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
25.6(7)If a tenant of a mobile home site does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
25.6(8)Notwithstanding subsections (7) and 25.51(2), a tenant of a mobile home site who is served a notice of termination of the tenancy may terminate the tenancy during the six month notice period by serving a notice of termination on the landlord of the mobile home site at least one month before the expiration of any month within the six month period to be effective on the last day of that month.
25.6(9)If a landlord who has served a notice of termination of a tenancy of a mobile home site does not, within two months after the tenancy terminates, occupy, lease, use or renovate the mobile home site in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may bring an action to compensate the tenant for losses caused by the removal of the tenant’s mobile home from the mobile home site and the installation of the mobile home on another mobile home site including the costs of the removal and installation.
25.6(10)If a notice of termination is served by a landlord of a mobile home site on a tenant of the mobile home site before this subsection comes into force, but the termination is not effective until after the subsection comes into force, the notice is void unless it has been served in accordance with subsection 25.51(1), the reason for the termination is one of those listed in subsection 25.6(1) and the reason has been stated in the notice.
1993, c.23, s.6