RTB-5 – Manufactured Home Site Tenancy Agreement in British Columbia
The Manufactured Home Park Tenancy Act BC specifically governs the relationships between landlords and tenants within manufactured home parks, setting forth rights, responsibilities, and procedures for dispute resolution. This legislation outlines the unique aspects of tenancy in manufactured home parks, including but not limited to, rent increases, eviction procedures, and maintenance obligations.
The “Manufactured Home Site Tenancy Agreement in British Columbia (RTB-5)” is a legal document designed to outline the terms and conditions between landlords and tenants within a manufactured home park. This comprehensive agreement, governed by the Manufactured Home Park Tenancy Act (MHPTA) and its regulations, covers various aspects of the tenancy including rent payment, security, pets, subletting or assigning the site, repairs, and dispute resolution. It emphasizes the importance of mutual understanding and adherence to legal standards for the maintenance of the manufactured home site, ensuring both parties are protected under the Act. Landlords and tenants are encouraged to review and understand this agreement fully to ensure it meets their personal or business needs, as it plays a crucial role in maintaining a harmonious living environment within the manufactured home community.
Filling out the “Manufactured Home Site Tenancy Agreement in British Columbia (RTB-5)” requires careful attention to detail to ensure that all the necessary information is accurately recorded. Here’s a step-by-step guide to help both landlords and tenants complete the agreement:
- Important Notes and Preliminary Information
- Review the Important Notes at the beginning of the agreement to understand the legal implications and the structure of the document.
- Park Name and Tenant(s) Information: Fill in the manufactured home park’s name and the tenant(s)’ full legal names.
- Parties Involved
- Landlord(s) Information: Enter the full legal names of the landlord(s). If a business name is involved, it should be clearly stated.
- Tenant(s) Information: List the full names of all tenants entering the agreement and provide contact numbers if possible.
- Rental Property Details
- Address of Manufactured Home Site: Specify the exact location within the park, including site number and address.
- Service Address for Landlord
- Include a service address for the landlord or the landlord’s agent where official communications can be sent, along with contact numbers.
- Agreement Application and Terms
- Start Date and Term: Indicate the commencement date of the tenancy and whether it is month-to-month, for a fixed term, or another type of periodic tenancy.
- Rent Details: State the rent amount, payment frequency, and due dates. Clarify what is included in the rent (e.g., utilities, parking).
- Security and Pets
- Acknowledge that no security deposit is required for the tenancy and detail any pet restrictions or permissions.
- Additional Provisions
- Rent Payment: Reiterate the importance of timely rent payments and the process for handling late payments.
- Rent Increases: Outline the procedure for rent increases, including notice periods and limits set by regulations.
- Repairs and Maintenance: Describe the responsibilities of both landlord and tenant regarding property maintenance and emergency repairs.
- Signatures
- Both landlord(s) and tenant(s) must sign and date the agreement to confirm their understanding and acceptance of its terms.
- Additional Terms (if applicable)
- If there are any additional terms agreed upon that are specific to the tenancy (e.g., yard maintenance, snow removal), they should be clearly written out, ensuring they comply with the MHPTA.
- Attachments
- Attach any relevant documents, such as a site plan or sketch and, if applicable, an Addendum outlining any additional terms not covered within the main body of the agreement.
- Distribution
- Once completed, the landlord must provide a copy of the agreement to the tenant within 21 days of entering into the agreement, ensuring both parties retain a copy for their records.
Remember, this agreement is a legally binding document that affects your rights and obligations as a tenant or landlord.
Mobile Home Park Rules and Regulations BC
In British Columbia, the rules and regulations governing mobile home parks, referred to under the law as manufactured homes, are detailed and aim to protect both landlords and tenants within these communities. A tenancy agreement must include specific terms such as the start date, the tenancy duration, rent amount, services and facilities included, and park rules. These agreements must also cover aspects like pet policies, rent increases, subletting conditions, repairs, and how tenancies can be ended. The law mandates that certain standard terms apply to every tenancy agreement, even in the absence of a written contract.
Landlords are allowed to increase rent only once a year, with a three-month notice required before the increase takes effect. The maximum allowable increase is tied to the rate of inflation plus a proportion of the landlord’s operating costs. Special provisions exist for cases where rent can be increased beyond this limit.
Both landlords and tenants have responsibilities for maintaining and repairing the park and its sites. Landlords must keep the park in a state of reasonable repair and comply with health, safety, and housing standards, while tenants are responsible for repairing damage caused by them or their guests and maintaining their site and any improvements they make to it. If a landlord wishes to end a tenancy for purposes other than default by the tenant, such as redeveloping the park, they must provide 12 months’ notice and compensation to the tenant. The standard compensation is $20,000, with the potential for additional compensation under certain circumstances. In the context of manufactured home park tenancies, landlords cannot ask for a security deposit or pet damage deposit. If such a deposit is mistakenly paid, it must be deducted from the next rent payment or returned to the tenant.
A park committee, consisting of landlords and tenants, may establish rules for the park’s operation. If no committee exists, the landlord can set these rules, which must be communicated in writing to tenants. While the rules can enforce aspects related to safety, property condition, service use, and pet management in common areas, they must not contravene the overarching tenancy agreement terms or laws.
Manufactured Home Park Tenancy Act Changes
Recent changes to the Manufactured Home Park Tenancy Act in British Columbia have introduced several important updates aimed at protecting tenants. Some of these changes include:
- Preventing illegal renovictions
- Enhanced compensation for evicted tenants
- Clarification on park rules vs. tenancy agreements