12 Month Notice to End Tenancy
The landlord must serve the tenants with a 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park when they plan to use all or a significant part of the park for a different purpose. Before serving the notice, the landlord must have all required permits and approvals in place for converting the park to another type of residential use or non-residential use.
The tenant can remove their manufactured home from the park earlier than the date stated on the notice, unless the tenancy is for a fixed term. They must give the landlord at least 10 days’ written notice and pay the rent up to the move-out date. Where the tenant has already paid a full month’s rent, the landlord must refund the unused portion of the rent as well as any remaining amount of compensation required.
Neither party in a fixed-term agreement (or lease) can end the tenancy early. If both parties agree to end it early, they can complete the Mutual Agreement to End a Tenancy form (PDF, 1.6MB).
A Notice to End Tenancy is not required for fixed-term tenancies where a tenant is required to remove their manufactured home from the site at the end of the term. However, a Twelve Month Notice to End Tenancy can be served to tenants who are not required to leave at the end of the fixed term and it converts to a month-to-month tenancy. The landlord must:
- Use an effective date that is on or after the date the fixed term ends
- Pay the tenant compensation
A tenant can choose to leave sooner by giving the landlord 10 days’ notice in writing; however, the effective date can only be on or after the date their fixed-term tenancy ends.
Doing it Right
A landlord must serve the 12 Month Notice to End Tenancy so that it’s received:
- At least 12 months before the effective date of the notice, and
- Before the day that rent is due
For example, a notice given on March 15 would not take effect until the last day of March of the following year.
To avoid disputes, both the landlord and tenant should be clear about when the tenant’s notice is effective – that is, which date they will move the manufactured home from the park.
By law, tenants must always be given the right amount of notice – even if the landlord uses an incorrect date. This correction can be made without having to go through the dispute resolution process. If you’re unsure about the effective date of a notice to end tenancy, please contact the Residential Tenancy Branch.
All Notices to End Tenancy have two pages – it’s only valid if the landlord serves both pages to the tenant. There are rules about how and when a landlord can serve notice – be sure to do it correctly:
Good Faith Requirement
A landlord who is ending a tenancy to convert a manufactured home park must end the tenancy in good faith which means the landlord has honest intentions and no ulterior motive to take advantage of a situation. The landlord must honestly intend to use the rental site for the purposes stated on the notice to end the tenancy.
- Policy Guideline – Good Faith Requirement when Ending a Tenancy (PDF)
- Policy Guideline – Ending a Manufactured Home Tenancy Agreement, Landlord Use of Property (PDF)
When a landlord ends a tenancy to convert a manufactured home park, the landlord must give each tenant the equivalent of 12 months’ rent on or before the date the notice requires the tenant to remove the manufactured home from the park.
Additional compensation: If the landlord doesn’t convert all or a significant part of the park within a reasonable period of time, the tenant may apply for dispute resolution and request compensation equal to six months’ rent. At the hearing, the landlord should be prepared to demonstrate that the park was converted to another use or that there was an honest intent to convert the park at the time the notices were served but it wasn’t possible or reasonable to follow through with the plans.
Move Out Date
A tenant is required to remove the manufactured home from the park on or before 1 p.m. on the effective date of the notice. A tenant may only remain past the effective date if they disputed the notice within 15 days of receiving it.
Disputing a Notice to End Tenancy
Because legal notice has been served, tenants who disagree with a notice need to apply for dispute resolution – writing a letter or talking to the landlord isn’t enough. Within 15 days of receiving the notice, submit the Tenant’s Application for Dispute Resolution (PDF) to the Residential Tenancy Branch along with a copy of the Notice to End Tenancy.
If a tenant disputes a 12 month notice to end tenancy by the 15-day deadline, the notice is suspended until an arbitrator makes a decision. A tenant must move out within 12 months of receiving the notice if they do not dispute it.
When a landlord has served a notice to end tenancy, and the tenant has disputed the notice, the landlord continues to be entitled to payment of rent or payment for use and occupancy while awaiting resolution of the dispute.
The landlord also continues to be entitled to payment for use and occupancy when a tenant does not move out by the effective date of a notice to end tenancy that the tenant has not disputed. In this case, the landlord may apply for dispute resolution seeking an order of possession and accept payment for use and occupancy while awaiting dispute resolution.
When accepting payment for use and occupancy, the landlord should state in writing that:
Note: The “use and occupancy” arrangement is short-term—it allows use and occupancy only for the period of the payment and does not reinstate the tenancy. If, in a dispute resolution hearing, a party claims that tenancy has been reinstated, an arbitrator will consider all the circumstances including the intent of both parties when exchanging payment.