The Mobile Home Sites Tenancies Act (MHSTA) was enacted in Alberta to address the unique challenges faced by tenants and landlords in mobile home communities. If you are a resident of a Mobile Home Community, this statute is your iconic best friend. Unlike traditional rental properties, mobile homes often involve tenants owning their homes while renting the land on which they are situated. This distinct arrangement necessitated specific legislation to protect tenants' rights and ensure fair treatment in a situation where they are both owners and renters. It also gave mobile home site tenants and landlords access to the province’s dispute resolution service for eviction-related matters.
By clearly outlining non-waivable rights, maintenance obligations, and procedures for lease and rent changes, the MHSTA seeks to foster stable and harmonious living conditions in mobile home parks across Alberta. This legislative framework was introduced to prevent potential abuses and ensure that both parties have a clear understanding of their rights and duties, enhancing the overall quality of life for mobile home residents.
Here’s a comprehensive overview of your rights and how to enforce them.
Non-Waivable Tenant Rights
Under the MHSTA, several rights are protected and cannot be overridden by any lease terms. These include:
- Security of Tenure: Tenants have the right to not be arbitrarily evicted. The landlord must have a legitimate cause, such as breach of the lease agreement or non-payment of rent.
- Notice of changes: Under the Mobile Home Sites Tenancies Act (MHSTA) in Alberta, tenants are afforded specific rights regarding notice periods for changes in their tenancy agreements. For rent increases, landlords must provide a 180-day written notice, giving tenants ample time to adjust their budgets and plan accordingly. For other changes in lease terms, a 90-day written notice is required. These notice periods are designed to ensure that tenants have sufficient time to review proposed changes and, if necessary, contest them. These rights cannot be waived by any lease agreement, providing tenants with essential protection and stability in their housing arrangements.
- Maintenance and Repairs: Landlords are obligated to maintain the site in a reasonable state of repair, ensuring compliance with health, safety, and housing standards.
- Access to the Premises: Landlords can only access the mobile home site under specific conditions, such as emergencies or with proper notice.
- Maintenance and Repairs: Landlords must maintain the site in a reasonable state of repair, adhering to health, safety, and housing standards.
- Access to the Premises: Landlords are restricted to accessing the mobile home site only under specific conditions, like emergencies or with advance notice.
- Privacy Rights: Tenants have the right to reasonable privacy, freedom from unreasonable disturbances, and exclusive possession of their home.
- Protection Against Retaliation: Tenants have the right not to face retaliatory actions from landlords for exercising their legal rights or participating in tenant organizations.
Transfer, Assignment, and Subletting Rights
- Transfer and Assignment: Tenants have the right to transfer or assign their tenancy to another party. This means that if a tenant chooses to sell their mobile home, they can transfer the lease of the land to the new owner, assuming the new owner meets the criteria set by the landlord.
- This process allows the outgoing tenant to exit their obligations under the lease while ensuring continuity of occupancy for the landlord.
- Subletting: Tenants also have the right to sublet their mobile home site to another individual. Subletting involves the original tenant leasing their home to a subtenant while still retaining responsibility for the original lease agreement with the landlord.
- This can be advantageous for tenants who need temporary relocation but wish to retain their lease for eventual return.
Conditions and Landlord's Role
Landlord’s Consent
While tenants have the right to transfer, assign, or sublet, these actions typically require the landlord’s consent. However, the landlord cannot unreasonably withhold consent. This means that if the proposed transferee, assignee, or subtenant meets the standard criteria for tenancy (such as creditworthiness and compliance with park rules), the landlord should generally approve the request.
Reasonable Conditions
The landlord may impose reasonable conditions for the transfer, assignment, or subletting, such as requiring that the new tenant sign a lease agreement or adhere to existing park rules. These conditions are designed to maintain the integrity and safety of the mobile home community.
Importance of the Right
Flexibility and Financial Stability
This right is particularly important for tenants in mobile home parks because it provides necessary flexibility in cases where tenants need to relocate due to personal or financial reasons. It also supports the tenant's ability to sell their mobile home without losing the value of their lease in the process.
Protection from Arbitrary Refusal
The provision that landlords cannot unreasonably withhold consent protects tenants from potential abuse where a landlord might attempt to control who resides in the park beyond reasonable standards.
Lease Terms and Aesthetic Control
Similar to a condominium board, mobile home park owners can set rules regarding the appearance of your home’s exterior, but these must be clearly outlined in the lease agreement. It’s important to review your lease for any such stipulations to ensure compliance. However, any such rules cannot be used to retaliate against tenants who may have disagreements with the landlord or management.
Notice Periods for Lease and Rent Changes
The MHSTA sets clear guidelines for changes in leases and rent:
- Lease Changes: Any changes to the lease agreement require a 90-day written notice. This notice period allows tenants to review and, if necessary, contest the changes.
- Rent Changes: Rent adjustments require a 180-day written notice. This extended notice period provides tenants with adequate time to plan and budget for any rent increases.
Documentation for Tenancy Agreements
Landlords must provide tenants with a copy of any tenancy agreement they sign. This ensures that both parties have a clear understanding of their rights and obligations, as specified in the agreement. Keeping a copy of the signed agreement can be crucial for resolving any future disputes.
Landlord Has to Establish Certain Facts to Obtain Eviction Order
To obtain an eviction order under the Mobile Home Sites Tenancies Act (MHSTA) in Alberta, a landlord must establish legitimate grounds for eviction. These grounds typically include a breach of the current lease agreement by the tenant, such as non-payment of rent, causing substantial damage to the property, or engaging in illegal activities on the premises. The landlord must provide sufficient evidence of the breach and demonstrate that they have followed the proper notice procedures as outlined in the MHSTA.
Enforcing Your Rights
When resolving disputes under the Mobile Home Sites Tenancies Act, tenants and landlords can choose between the Residential Tenancy Dispute Resolution Service (RTDRS) administrative tribunal and the Alberta Court of Justice. The RTDRS offers a quicker, more cost-effective, and less formal process, making it an attractive option for straightforward disputes. It provides virtual hearings, which can be more convenient for participants. However, its scope could be seen as limited compared to the court, and it may not handle complex legal issues as thoroughly. On the other hand, the Alberta Court of Justice offers a more formal legal process, which can be advantageous for complicated or high-stakes disputes requiring detailed legal arguments and evidence. This option, however, can be more time-consuming and expensive due to procedural requirements and potential legal fees.
If you believe your rights under the MHSTA have been violated, you can refer to Sections 34-41 of the Act, which provides mechanisms for enforcing tenant rights. This section outlines the steps you can take, including seeking assistance from the Residential Tenancy Dispute Resolution Service (RTDRS) or pursuing legal action if necessary.
While the Residential Tenancy Dispute Resolution Service (RTDRS) in Alberta is primarily designed to address issues arising from traditional residential landlord and tenant disputes, it also plays a crucial role in enforcing tenant rights under the Mobile Home Sites Tenancies Act (MHSTA). Tenants in mobile home communities can utilize the RTDRS to resolve conflicts, such as disputes over lease terms, maintenance obligations, or the unreasonable withholding of consent for transfer or subletting.
By providing a more accessible and efficient alternative to the court system, the RTDRS ensures that tenants in mobile home communities have a practical avenue to uphold their rights and seek fair treatment under the MHSTA.
The Residential Tenancy Dispute Resolution Service (RTDRS) in Alberta offers virtual hearings using video conferencing technology, making dispute resolution more accessible and efficient for tenants and landlords. Participants can join hearings remotely with a computer or device equipped with internet access, a webcam, and a microphone. The RTDRS provides technical support and clear instructions to ensure smooth participation. Virtual hearings reduce travel costs and accommodate more flexible scheduling, all while maintaining confidentiality and security throughout the process.
Conclusion
Understanding your rights under the Mobile Home Sites Tenancies Act empowers you to live with confidence and security. It’s like having a secret weapon in your corner. You don’t have to worry just because the landlord’s manager came around and started making demands based on a lease that breaches your rights. If you face any issues, remember to consult the Act and seek appropriate legal advice or assistance. Staying informed is the best way to protect you and your family’s interests. Remember, the Lease cannot take away what the Act bestows.