Ending a manufactured home site tenancy

A manufactured home tenancy can end for different reasons, including notice from the tenant or landlord, failure to address significant issues, or uncontrollable circumstances. Landlords and tenants can mutually agree to end the tenancy with a written agreement.

On this page: 

• Ending the tenancy 
• Notice to end tenancy 
• 10 day notice to end tenancy
• One month notice to end tenancy
• Twelve month notice to end tenancy 
• Tenant rights and responsibilities
• Landlord role and responsibilities
• Forms and resources
• I need help

Ending the tenancy 

A manufactured home tenancy ends when: 

• The tenant or landlord gives notice to end the tenancy in accordance with the Manufactured Home Park Tenancy Act
• The landlord fails to comply with a material term of the tenancy agreement and fails to correct the situation within a reasonable period
• The tenancy agreement is frustrated or the manufactured home site becomes uninhabitable due to circumstances beyond the landlord or tenant’s control
• The tenant moves out of the site or abandons the home
• The landlord is granted an Order of Possession by the Residential Tenancy Branch 
• The tenant and landlord mutually agree in writing to end the tenancy

Landlords and tenants can agree in writing at any time that the tenancy agreement will end on a specific date. The landlord and tenant can: 

• Write their own agreement 
• Use the Mutual Agreement to End a Tenancy form (PDF, 538KB) - Form RTB-8

Moving a manufactured home 

The landlord has the right to request proof of third-party liability insurance or a bond. This insurance or bond should cover potential damages that may occur during the process of moving the manufactured home to or from the site. 

When a tenant vacates a manufactured home site at the end of the tenancy, it is the tenant's responsibility to: 

• Maintain cleanliness and ensure the site is clean and free of damage 
• Provide the landlord with all keys and other means of access to the manufactured home park and common areas 

Frustrated tenancy agreement 

A tenancy agreement may be considered "frustrated" when it becomes impossible to fulfill its terms due to circumstances beyond anyone's reasonable control. In this case, neither the landlord or tenant has to provide a notice to end the tenancy. 

Notice to end tenancy 

Tenants and landlords who receive a notice to end tenancy should: 

• Keep a copy of the notice served
• Keep a record of how the notice was served, including: 
  • The date and time 
  • The name of the person served
  • The method and location of service

Ways for a tenant to give notice to end tenancy 

If a tenant is providing written notice, they must do it in one of the following ways: 

• In person, or to the landlord's agent, on or before the last day of the month 
• By posting the notice on the door or putting it in the mailbox at the landlord's address at least 3 days before the end of the month 
• By fax to a number that the landlord has provided at least 3 days before the end of the month 
• By mail at least 5 days before the end of the month 

If the tenancy is for a fixed term, the notice can't take effect before the end date of the fixed term in the tenancy agreement. 

Landlord giving a notice to end the tenancy 

Landlords must serve notice using the appropriate Notice to End Tenancy form. Each form gives the reasons to end tenancy and the amount of time the landlord must give. 

This is usually at least one month's notice, but if the tenant has not paid the rent or utilities on time they can be given a 10 day notice.  

If the tenancy is for a fixed term, the notice can't take effect before the end date of the fixed term in the tenancy agreement, unless the notice is for unpaid rent or utilities. 

Ways for a landlord to give notice to end tenancy 

• By giving a copy directly to the tenant. The notice is considered served that day
• By leaving a copy in the mailbox at the tenant's address. The notice is considered served 3 full days later
• By posting a copy to a door at the tenant's address. The notice is considered served 3 full days later
• By sending a copy to the tenant's fax number. The notice is considered served 3 full days later
• By emailing a copy to the tenant, if they have provided an email address specifically for service. The notice is considered served 3 full days later
• By sending a mailed copy to the tenant's address. The notice is considered served 5 full days after mailing
• As ordered by the Residential Tenancy Branch (RTB) 

10 day notice to end tenancy 

If a tenant fails to pay rent or utilities on time, the landlord can serve them with a 10 Day Notice to End Tenancy (PDF, 636KB). 

• If the tenant pays all outstanding rent and utilities within 5 days of receiving the notice, the notice is canceled and the tenancy continues 

Tenants can dispute the notice 

To dispute the notice, the tenant must apply for dispute resolution within 5 days of receiving it. Dispute resolution is a process to help resolve conflicts between landlords and tenants. However, the tenant still must pay all outstanding rent within 5 days to cancel the notice. 

Tenant must take the correct steps. Writing a letter or communicating with the landlord is not enough. 

Direct request process for landlords 

A tenant who doesn't pay the rent or dispute the notice within 5 days must vacate the site within 10 days of receiving the notice. 

A direct request is procedure used to process a landlord's application for possession when a 10 Day notice has been served and remains uncontested. 

The use this procedure, the tenant must apply with: 

• The tenancy agreement
• The 10 Day Notice to End Tenancy containing an explanation of the direct request
• A completed Proof of Service Notice Form, along with a registered mail receipt or written receipt signed by the tenant or a witness confirming notice delivery
• Details of any monetary claim
• When utility payment is required, a written demand specifying the amount and due date, accompanied by related utility bills and proof of service of the written demand
• Notices of any rent increases if applicable
• Any other supporting documents

This type of proceeding involves an adjudicator considering the landlord's application for possession of the site, along with any requests for monetary orders for unpaid rent and utilities, as well as recovery of the filing fee. Only written evidence from the landlord is considered; there is no verbal testimony from any party involved.

To seek a review of a direct request decision, the tenant must submit an application for review to the RTB no later than two days after receiving the decision or order. Fraud is the only reason considered for a review of the decision.

One month notice to end tenancy 

Landlords can serve tenants with a one-month notice to end tenancy when the tenant:

• Consistently pays rent late (3 or more times)
• Violates material terms of the tenancy 
• Provides false information about the manufactured home park to a prospective tenant or purchaser 
• Assigns or sublets without the landlord's consent 
• The site was provided as a condition of the tenant's employment and the employment has ended
• Does not comply with an order from the RTB within 30 days
• Has an excessive number of occupants in the site
• Causes damage to the site that exceeds normal wear and tear and does not make necessary repairs within a reasonable timeframe

Tenants, guests or pets cause significant issues

Tenants, their guests, or pets cause extraordinary damage, significantly jeopardize the landlord's property, seriously endanger the health, safety, or rights of the landlord or other occupants, or substantially interfere with or unreasonably disturb the landlord or another occupant.

Engaging in Illegal Activity

Tenants who engage in illegal activities that have or are likely to damage the landlord's property, affect the peace, security, safety, or well-being of other park occupants, or jeopardize lawful rights or interests of the landlord or other occupants.

Notice timing 

If rent is due on the first of the month, and the notice is given on March 15, the notice takes effect on April 30th.

• One Month Notice to End Tenancy For Cause or End of Employment (PDF, 693KB)

The one month notice must cover a complete rental month.

Twelve month notice to end tenancy 

In the event that a landlord intends to convert all or a significant part of the manufactured home park to a non-residential use or any residential use other than a manufactured home park, specific legal requirements must be met.

The landlord must have all the necessary government permits and approvals in place before issuing the notice.

Compensation Considerations

When a landlord decides to end a tenancy for the purposes for converting a manufactured home park, certain conditions must be met: 

Compensation amount 

The landlord is required to provide the tenant with compensation in the amount of $20,000 on or before the effective date of the notice.

Early termination

Tenants receiving a 12 month notice have the option to move out before the specified date in the notice, unless the tenancy is of a fixed-term nature.

Tenant's notice

Should a tenant choose to vacate early, they must provide the landlord with at least 10 days written notice and pay the rent up to the move-out date. If a tenant has already paid a full month's rent, the landlord must refund the unused portion of the rent and any remaining compensation amount.

Additional Compensation Possibility

Under certain circumstances, tenants may be eligible for additional compensation if they can prove that they:

• Were unable to obtain the necessary permits, licenses, approvals or certificates required by law to move the manufactured home
• Were unable to move the manufactured home to another site within reasonable distance of the current manufactured home site
• Do not owe any tax in relation to the home

In such cases, they can apply for dispute resolution and request an order for additional compensation in the amount of the assessed value of the home, minus the initial $20,000 compensation.

Landlord's Responsibility

Landlords should be aware that when they initiate the termination of a manufactured home park tenancy for converting the use of the park, they must take proactive steps to fulfill that purpose within a reasonable period. Failure to do so may result in the obligation to compensate the tenant with an additional $5,000 or the equivalent of 12 months' rent as stipulated in the tenancy agreement, whichever is greater.

Tenant rights and responsibilities 

Disputing a notice to end tenancy 

To dispute a notice to end tenancy, tenant can seek dispute resolution to challenge the notice. If they miss the dispute deadline, the tenancy ends on the date that the notice was issued and the landlord should communicate the move out date. 

Landlord roles and responsibilities 

Getting an Order of Possession

Landlords hold certain responsibilities in manufactured home parks, including the process of regaining possession of a site when necessary, such as in cases of abandonment, 

An Order of Possession allows landlords to recover their site and requires tenants to vacate, leaving the manufactured home site vacant.

A landlord can apply for an Order of Possession after the tenants either after the tenant's dispute deadline has passed, or at any time after a tenant has submitted an application to dispute the notice. 

During the dispute resolution process, the landlord will need to provide a copy of the notice to end tenancy to the RTB and demonstrate that it was served correctly.

Ensuring proper tenant relocation

Landlords can't physically evict tenants once a tenancy has legally ended.

They also cannot restrict access to the manufactured home or confiscate a tenant's personal property without obtaining a Writ of Possession from the Supreme Court of British Columbia or having substantial evidence of tenant abandonment.

1. To initiate the process of tenant removal, landlords must first secure an Order of Possession from the Residential Tenancy Branch (RTB) and serve it to the tenant.
2. If the tenant does not vacate the site by the date specified on the order, the landlord must proceed by filing the Order of Possession with the Supreme Court.
3. The Supreme Court will then issue a Writ of Possession, granting a court-appointed bailiff the authority to remove the home and the tenant's personal property. This action ultimately restores possession of the site to the landlord.

Tenant abandonment

Abandonment occurs when tenants voluntarily give up their tenancy and possession of the manufactured home site without providing proper notice to the landlord. However, when rent payments are up to date, a site is not considered abandoned.

Tenants planning an extended absence should maintain open communication with the landlord and establish arrangements for rent payment during their absence. Failure to do so may lead to landlords perceiving abandonment when rent remains unpaid for at least one month, or if tenants have removed most of their possessions, not occupied the site for at least a month, or explicitly indicated their intention not to return.

In cases of tenant abandonment and unpaid rent, landlords can take action by submitting an application for dispute resolution, seeking rent payment and addressing other related costs. Landlords must also ensure they provide a valid address for the former tenant when filing these dispute resolution applications.

Landlords must follow the rules for dealing with abandoned items.

Forms and resources 

I need help​