Understanding the 12-Month Notice to End Tenancy for Conversion of a Manufactured Home Park
If you are a tenant living in a manufactured home park in British Columbia, Canada, and your landlord has issued a 12-Month Notice to End Tenancy for Conversion of a Manufactured Home Park, it is important to understand what this notice entails, your rights, and the process for dispute resolution. This article provides a detailed overview of the official form (RTB-31) issued by the Residential Tenancy Branch, Office of Housing and Construction Standards, under the Manufactured Home Park Tenancy Act.
Purpose of the Form
The RTB-31 form is a legal document used by landlords to notify tenants that they intend to end their tenancy to convert the manufactured home park into a different use—either non-residential or residential other than a manufactured home park. This notice is part of the legal process to facilitate park conversions while ensuring tenants are adequately informed and protected under the law.
Key Elements of the Notice
Identification of Parties
The form requires detailed information about both tenants and landlords, including full names, contact numbers, and addresses. It also specifies the site or unit number within the park and the date by which tenants must vacate.
Effective Date and Duration
The notice must specify the date by which tenants are expected to vacate, which must be at least twelve months from the date the notice is served. The effective date is generally aligned with the last day of a rental period, such as the last day of the month if rent is paid monthly.
Signatures and Service
The landlord must sign the notice and deliver it directly to the tenant through approved methods, including in person, registered mail, or by attaching it conspicuously at the tenant’s residence. Proper documentation of service is essential, often requiring a proof of service form.
Legal Requirements and Tenant Protections
Good Faith and Permits
The landlord must act in good faith, genuinely intending to convert the park, and must have all necessary permits and approvals in place before issuing the notice. Any false or ulterior motives can be challenged by tenants.
Compensation
Tenants are entitled to a minimum compensation of $20,000 from the landlord before vacating the site. This amount is intended to assist tenants in relocating their manufactured home or covering moving costs.
Early Move-Out Rights
Tenants may choose to vacate earlier than the specified date by providing at least 10 days’ written notice to the landlord. Rent is payable only until the date the tenant actually vacates the site.
Dispute Resolution Process
If tenants believe the notice is unjustified or if they wish to dispute the termination, they have 15 days from receipt of the notice to file an Application for Dispute Resolution with the Residential Tenancy Branch. This can be done online, in person at a Service BC Office, or at the Residential Tenancy Branch office in Burnaby.
Fill in your form directly online
No printing: type your details into the boxes of the official form, tick, then download the PDF ready to send.
- 1Type into the form boxes
- 2Tick in one click
- 3Save and download the PDF
Failing to apply within this time frame results in a presumption that the tenant accepts the termination, and they are required to vacate by the specified date.
Additional Considerations for Tenants
- Capability to Move: If the manufactured home cannot be moved from the site, tenants may be eligible for additional compensation, especially if the home’s assessed value exceeds the $20,000 threshold.
- Post-Vacate Compensation: If the park conversion is not completed within a reasonable period after the notice, tenants may be entitled to additional compensation, which they can claim through the Residential Tenancy Branch.
Important Contact Information
For questions related to personal information collection or dispute resolution, tenants can contact the Residential Tenancy Branch at the relevant phone number for their region:
- Greater Vancouver: 604-660-1020
- Victoria: 250-387-1602
- Elsewhere in B.C.: 1-800-665-8779
Additional information and resources are available on the official government website.