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AR 54/96 MOBILE HOME SITES TENANCIES MINISTERIAL REGULATION

(Consolidated up to 169/2016)

ALBERTA REGULATION 54/96

Mobile Home Sites Tenancies Act

MOBILE HOME SITES TENANCIES MINISTERIAL REGULATION

Table of Contents

                1      Definitions

                2      Termination of periodic tenancies

             2.1      Modification of rent increase frequency set out in Act

             2.2      Rent increase for fixed term tenancies

                3      Inspection reports

                4      Abandoned goods

                5      Establishing tenants liabilities

                6      Trustee of security deposit


                7      Investment of security deposit trust account

                8      Withdrawals from security deposit trust account

                9      Trustee Act

             9.1      Offence

              10      Forms

              11      Coming into force

              12      Expiry

Schedule

Definitions

1   In this Regulation,

                               (a)    “non‑owner landlord” in respect of a mobile home site means a person who falls within the definition of landlord in the Act, other than an owner of the mobile home site or an employee of the owner;

                              (b)    “security deposit trust account” means a trust account established under section 49 of the Act for security deposits consisting of money.

AR 54/96 s1;251/2001

Termination of periodic tenancies

2(1)  In this section, “relative” includes any relative by blood, marriage or adoption or by virtue of an adult interdependent relationship.

(2)  For the purposes of section 7 of the Act, a landlord may terminate the periodic tenancy of a tenant for one or more of the following reasons:

                               (a)    the landlord or a relative of the landlord is going to occupy the mobile home site after the tenant vacates the site;

                              (b)    the landlord has entered into an agreement to sell the mobile home site of the tenant in which all conditions have been satisfied or waived and

                                        (i)    the purchaser or a relative of the purchaser is going to occupy the mobile home site after the tenant vacates the site, and

                                      (ii)    the purchaser requests in writing that the landlord give the tenant a notice to terminate the tenancy;

                               (c)    utilities on the mobile home site of the tenant are to be installed, repaired or improved and it is not reasonable to do the work unless the site is unoccupied;

                              (d)    in the case of a tenancy of a mobile home site located in a mobile home park, the site is to be eliminated or the boundaries of the site are to be substantially altered through

                                        (i)    a reconfiguration of the whole or part of the mobile home park, or

                                      (ii)    the creation, widening or reconfiguration of a road in the mobile home park;

                               (e)    in the case of a tenancy of a mobile home site that is not located in a mobile home park, the land in the mobile home site is no longer to be used as a mobile home site.

AR 54/96 s2;251/2001;146/2003

Modification of rent increase frequency set out in Act

2.1(1)  The references to “180 days” in section 16(3)(a) and (b) of the Act shall be read as references to “365 days”.

(2)  Despite section 16(3) of the Act as modified by subsection (1), a landlord shall not increase the rent payable under a tenancy agreement in respect of a periodic tenancy after the landlord has served a notice of termination on the tenant under section 13(1) of the Act.

AR 114/2007 s2

Rent increase for fixed term tenancies

2.2(1)  Despite any agreement, declaration, waiver or statement to the contrary, a landlord shall not increase the rent payable by a tenant under a tenancy agreement in respect of a fixed term tenancy for a term of one year or more or recover any additional rent resulting from an increase during the term of the tenancy.

(2)  Despite any agreement, declaration, waiver or statement to the contrary, a landlord shall not increase the rent payable by a tenant who is occupying the same premises under 2 or more consecutive tenancy agreements in respect of fixed term tenancies each for a term of less than one year or recover any additional rent resulting from an increase unless at least 365 days has passed since

                               (a)    the commencement of the first of those tenancies, whether the first of those tenancies commenced before or after the coming into force on this section, or

                              (b)    the last increase in rent,

whichever is later.

(3)  Despite subsection (2)(b), if the 365th day occurs during the term of a fixed term tenancy, the landlord shall not increase the rent until the expiration of that tenancy.

AR 114/2007 s2

Inspection reports

3(1)  Repealed AR 210/2004 s2.

(2)  This section sets out the statements that must be contained in a report of an inspection made under section 21 of the Act and the signing requirements for the report.

(3)  A report must contain the following statement:

                                       When an inspection of a mobile home site is required under the Mobile Home Sites Tenancies Act and a mobile home is being moved onto or from the mobile home site, the inspection must be done when the site is vacant unless the landlord and tenant or their agents otherwise agree.

(4)  When an inspection has been conducted by the landlord and the tenant or their agents, the inspection report

                               (a)    must contain the following statement, and the landlord or landlord’s agent must sign the statement:

                                       The inspection of the mobile home site was conducted on   (date)   by   (landlord or landlord’s agent)   and by   (tenant or tenant’s agent)  .

                                  and

                              (b)    must contain both of the following statements, and the tenant or the tenant’s agent must sign one of the statements:

                                        (i)    I,   (name of tenant or tenant’s agent)  , agree that this report fairly represents the condition of the mobile home site.

                                           or

                                      (ii)    I,   (name of tenant or tenant’s agent)  , disagree that this report fairly represents the condition of the mobile home site for the following reasons:

(5)  Where the tenant or the tenant’s agent refuses to sign one of the statements set out in subsection (4)(b), the inspection report must contain the following statement, and the landlord or the landlord’s agent must sign the statement:

                                       The tenant or tenant’s agent present at the inspection refused to sign the tenant’s statement.

(6)  Where an inspection is conducted by the landlord or the landlord’s agent without the tenant or the tenant’s agent being present, the inspection report must contain the following statement, and the landlord or landlord’s agent must sign the statement:

                                       The inspection of the mobile home site was conducted on   (date)   by   (landlord or landlord’s agent)  without the tenant or the tenant’s agent being present.

(7)  Repealed AR 210/2004 s2.

AR 54/96 s3;251/2001;210/2004

Abandoned goods

4(1)  The prescribed amount for the purposes of section 34(2) and (3) of the Act is $1000.

(2)  The prescribed period for the purposes of section 34(4)(a) of the Act is 30 days.

AR 54/96 s4;251/2001

Establishing tenants liabilities

5(1)  In this section, “tenant” includes a person who was a tenant of a mobile home site, whose tenancy has expired or been terminated and who has vacated the mobile home site.

(2)  A tenant’s liability to a landlord for rent is established for the purposes of sections 34(9) and 35(7) of the Act if the landlord

                               (a)    makes an affidavit that sets out

                                        (i)    the amount of rent owing by the tenant, and

                                      (ii)    the amount, if any, that the landlord is entitled to deduct from the tenant’s security deposit for unpaid rent,

                                  and

                              (b)    mails the affidavit to the last known address of the tenant and provides a copy of the affidavit to the Director of Residential Tenancies.

(3)  A tenant’s liability to the landlord for damage to the mobile home site that has been repaired is established for the purposes of sections 34(9) and 35(7) of the Act if the landlord

                               (a)    makes an affidavit that sets out

                                        (i)    the damage to the site,

                                      (ii)    if the landlord hired someone to repair the damage, the cost of the repairs based on receipts attached to the affidavit as an exhibit,

                                     (iii)    if the landlord made the repairs, the cost of the repairs based on receipts for materials attached to the affidavit as an exhibit and a reasonable amount for the landlord’s labour, and

                                     (iv)    the amount, if any, that the landlord is entitled to deduct from the tenant’s security deposit for damage,

                                  and

                              (b)    mails the affidavit to the last known address of the tenant and provides a copy of the affidavit to the Director of Residential Tenancies.

(4)  In addition to the methods for establishing a tenant’s liability under subsections (2) and (3), any liability of the tenant to a landlord in respect of a tenancy is established for the purposes of sections 34(9) and 35(7) of the Act if the landlord obtains a judgment against the tenant.

AR 54/96 s5;251/2001;210/2004

Trustee of security deposit

6(1)  If a tenancy agreement is between

                               (a)    a non‑owner landlord and a tenant, or

                              (b)    a non‑owner landlord as agent and a tenant,

the non‑owner landlord is the sole trustee of the money paid by the tenant as a security deposit.

(2)  A non‑owner landlord of a mobile home site who, under subsection (1), is the sole trustee of the security deposit shall hold and administer the security deposit trust account that contains the security deposit until the non‑owner landlord ceases to be a landlord of the site.

(3)  The owner of a mobile home site shall not hold and administer a security deposit trust account in respect of the site if a non‑owner landlord of the site is required under subsection (2) to hold and administer the trust account.

Investment of security deposit trust account

7   Money in a security deposit trust account may be invested only in deposit receipts, deposit notes, certificates of deposit, bankers acceptances, debt securities issued by the Government of Canada or Alberta and other similar instruments issued by or guaranteed as to principal and interest by a bank, credit union, loan corporation, treasury branch, trust corporation or insurance company authorized to carry on business in Alberta.

AR 54/96 s7;210/2004

Withdrawals from security deposit trust account

8(1)  If a landlord is entitled under the Act to money in a security deposit trust account, the money may be withdrawn from the trust account at the end of the tenancy and transferred to the landlord.

(2)  Money that has been withdrawn from the security deposit trust account by a non‑owner landlord for the purpose of transferring it to the landlord who is entitled to the money is subject to the terms of any agreement or trust respecting that money between the non‑owner landlord and the landlord entitled to the money.

AR 54/96 s8;210/2004

Trustee Act

9   Sections 3 to 9, 12 to 15, 34 and 35 of the Trustee Act do not apply to the trustee of a security deposit trust account.

Offence

9.1(1)  A landlord who fails to give the minimum required notice under section 8, 9, 10, 13, 14 or 16(1) of the Act is guilty of an offence and liable to a fine of not more than $10 000.

(2)  A landlord who contravenes section 16(3) of the Act as modified by section 2.1(1) of this Regulation is guilty of an offence and liable to a fine of not more than $10 000.

(3)  A landlord who contravenes section 2.1(2) or 2.2 of this Regulation is guilty of an offence and liable to a fine of not more than $10 000.

AR 114/2007 s3

Forms

10   The forms in the Schedule may be used by landlords and tenants.

Coming into force

11   This Regulation comes into force on April 1, 1996.

Expiry

12   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on October 31, 2019.

AR 54/96 s12;204/2000;107/2002;210/2004;108/2010;
169/2016


Schedule  

Form 1

This notice may be used by a landlord to terminate a periodic tenancy.

Landlord’s Notice to Tenant
Termination of a Periodic Tenancy

TO:                                     (name of tenant)                                      
                        (address, including postal code)                      

I give you notice that the periodic tenancy between me as landlord and you as tenant for   (identify the mobile home site)   is terminated on   (date)  .  You are required to vacate the mobile home site by   (time)   on that date.  (Section 22 of the Mobile Home Sites Tenancies Act states that a tenancy terminates at 12 noon on the last day of the tenancy unless the landlord and tenant agree to a different time.)

The tenancy is being terminated for the following reason(s):

                                                                                                               
                                                                                                               

Dated this                     day of                   , 20    

                                          (signature of landlord or landlord’s agent)                  
   (print name of landlord or landlord’s agent)                
   (address, including postal code)                                    
  ( telephone)                                                                        

Form 2

This notice may be used by a tenant to terminate a periodic tenancy.

Tenant’s Notice to Landlord
Termination of a Periodic Tenancy

TO:                                 (name of landlord)                                      

                              (address, including postal code)                        

I give you notice that the periodic tenancy between me as tenant and you as landlord for   (identify the mobile home site)   is terminated on   (date)  .  I will give up possession of the mobile home site by   (time)   on that date.  (Section 22 of the Mobile Home Sites Tenancies Act states that a tenancy terminates at 12 noon on the last day of the tenancy unless the landlord and tenant agree to a different time.)

Dated this                    day of                 , 20     

                                          (signature of tenant or tenant’s agent)                          
   (print name of tenant or tenant’s agent)                        
   (address, including postal code)                                    
   (telephone)                                                                        

Form 3

This notice may be used by a landlord to terminate a tenancy under section 32 of the Act when the tenant commits a substantial breach of the tenancy agreement.

Landlord’s Notice to Tenant
Termination of Tenancy for Substantial Breach

TO:                                (name of tenant)                                            

                                                      (address, including postal code)  

I give you notice that the tenancy between me as landlord and you as tenant for   (identify the mobile home site)   is terminated on   (date)  .  You are required to vacate the mobile home site by   (time)   on that date.  (Section 22 of the Mobile Home Sites Tenancies Act states that a tenancy terminates at 12 noon on the last day of the tenancy unless the landlord and tenant agree to a different time.)

The tenancy is being terminated because you have committed the following act(s) which constitutes a substantial breach of our tenancy agreement:

                                                                                                               
                                                                                                               

Dated this                    day of                 , 20       

                                         (signature of landlord or landlord’s agent)                   
  (print name of landlord or landlord’s agent)                 
  (address, including postal code)                                     
  (telephone)                                                                         

*IMPORTANT:   This notice must be served on the tenant at least 14 days before the day that the tenancy is to terminate.

Form 4

This notice may be used by a landlord to terminate a tenancy under section 33 of the Act when the tenant has

                               (a)    done or permitted significant damage to the mobile home site, the common areas or the property of which they form a part, or

                              (b)    physically assaulted the landlord or other tenants.

Landlord’s Notice to Tenant
24‑hour Notice of Termination

TO:                                  (name of tenant)                                          

                            (address, including postal code)                          

I give you notice that the tenancy between me as landlord and you as tenant for   (identify the mobile home site)   is terminated on   (date)  .  You are required to vacate the mobile home site by   (time)   on that date.

The tenancy is being terminated for the following reason(s):

                                                                                                               
                                                                                                               

Dated this                    day of               , 20       

                                         (signature of landlord or landlord’s agent)                   
  (print name of landlord or landlord’s agent)                 
  (address, including postal code)                                     
  (telephone)                                                                         

AR 54/96 Sched;210/2004