Landlords and tenants must have a manufactured home site tenancy agreement, which outlines the rules of the tenancy in writing. The agreement must be signed and dated by both the landlord and tenant. Once the agreement is signed, it becomes legally binding.
A manufactured home site tenancy agreement gives a manufactured home owner the right to occupy the site. However, the landlord keeps ownership of the land and can terminate the tenancy in accordance with the law, requiring tenants to move their homes.
The landlord must give the tenant a copy of the signed and dated tenancy agreement within 21 days of signing.
Signing a manufactured home site tenancy agreement also ensures that tenants are covered by the Manufactured Home Park Tenancy Act.
Landlords can't charge a security deposit for a manufactured home park tenancy.
A landlord can create a tenancy agreement for a manufactured home site as long as it complies with all laws and rules. All tenancy agreements must include basic information and standard terms that protect landlords and tenants.
Manufactured home site tenancy agreements must also include the standard terms on:
Landlords and tenant can agree to and include other terms in the tenancy agreements, as long as those terms:
Examples of additional terms include:
Note: Terms that counter the Act can't be enforced. For example, a landlord can't ask a tenant to agree to never apply for dispute resolution as a condition of tenancy.
Once a tenancy starts, both the landlord and tenant must agree in writing to any changes or additions to the tenancy agreement. Standard terms are part of every tenancy agreement and can’t be removed, whether they’re written or not.
Any changes to the tenancy agreement must be in writing, and both the landlord and tenant should have a copy of the updated agreement.
Landlords don’t need a tenant’s agreement to make changes for:
Tenants can seek dispute resolution if their landlord makes changes to any other terms without their consent. Dispute resolution is a process to help resolve conflicts between landlords and tenants.
Landlords in manufactured home parks can only change the park rules if they provide tenants with 3 full months’ notice. If there is no park committee, landlords can change the park rules every 12 months. If there is a park committee, there is no limit on how often the park rules can be changed.
Landlords must use the Notice of Manufactured Home Park Rule Change (PDF, 146KB) – Form RTB-56A or RTB-56 to let tenants know about park rule changes. With the Notice, the landlord must give each tenant a copy of the new version of the park rules.
The Manufactured Home Park Tenancy Act only covers manufactured home site tenancy agreements. All other agreements are not covered by the act.
A license to occupy agreement allows a tenant to use a rental unit or site, but it can be taken away at any time. The Residential Tenancy Branch (RTB) does not have authority to determine disputes for license to occupy agreements.
Common factors in license to occupy agreements include:
Tenants should thoroughly review the tenancy agreement before signing it to make sure they fully understand the terms.
Sometimes agreements may have words or clauses that the tenant might not understand. Reviewing the agreement lets tenants ask questions and clarify any confusing parts.
If there's something in the tenancy agreement that the tenant doesn't agree with, discussing it before signing can lead to less issues later on.
If the agreement feels complicated, tenants should ask for help from friends, family members or other trusted individuals.
Landlords must provide tenants with a copy of the tenancy agreement within 21 days of signing. Tenants should keep a copy of the tenancy agreement in a safe place and keep photos so it can be backed up digitally.
Having a copy of the original tenancy agreement is important if the landlord tries to change the terms of the agreement.
If a landlord doesn't provide a copy of the tenancy agreement within 21 days, tenants can seek dispute resolution to request that their landlord follow the law. Dispute resolution is a process to help resolve conflicts between landlords and tenants.
Tenants should take photos of the agreement after signing it to ensure that they have a copy.
Landlords must provide tenants with a copy of the tenancy agreement within 21 days of it being signed.
If the landlord doesn't provide a copy, the tenant may seek dispute resolution through the RTB.
Landlords must ensure that the tenancy agreement includes all the standard terms.
This is important for landlords who are creating their own tenancy agreements, as the Residential Tenancy Agreement (PDF, 319KB) - RTB Form 1 already includes all standard terms.
Landlords have a responsibility to make sure that the tenancy agreement doesn't include any illegal or unfair terms.
Tenants may seek dispute resolution if there are illegal or unfair terms in the agreement.