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Manufactured Homes and Land-lease Communities

  1. What's different?
  2. Notice to Quit
  3. Special statutory conditions for manufactured homes
  4. Rental Increases
  5. Selling your Manufactured Home

What's different?

The Residential Tenancies Act applies to land-lease communities, but there are some special rules for anniversary dates, notice periods, rent increases, and statutory conditions.

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Notice to Quit

A tenant of a manufactured home space must give their landlord at least one month Notice to Quit . The notice must be in writing.

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Special statutory conditions for manufactured homes

  1. The landlord cannot restrict the tenant's right to sell or lease the tenant's manufactured home.
  2. If a tenant wishes to sell their home, he/she must give the landlord the name and information of the new buyer. The landlord can only refuse to take the buyer as a tenant for specific reasons given in the Regulations. (See "Selling Your Mobile Home.")
  3. A landlord can only be paid or receive other compensation for acting as the tenant's agent in selling or leasing a manufactured home space, or a manufactured home that is in a land-lease community if the landlord and tenant have signed a separate written agency agreement.
  4. The landlord must allow the tenant to buy goods or services from whichever person or company the tenant chooses.
  5. The landlord may set reasonable standards for the condition of manufactured homes and manufactured home spaces.
  6. If a person who enters the community to sell goods or services:
    • causes a disturbance
    • doesn't observe the reasonable rules
    • or violates the traffic rules
    after the landlord has made a request for the conduct to stop the landlord may restrict or prohibit that person from coming into the community.
  7. The landlord must comply with the municipal by-laws with regard to common areas and services provided to the tenants in the land-lease community.
  8. The tenant must comply with municipal by-laws that apply to the tenant's manufactured home and the manufactured home space.

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Rental Increases

Rent in a Land Lease Community may be raised once in any 12 month period, but not in the first 12 months after you become a tenant.

Each year, Service Nova Scotia posts an Annual Allowable Rent Increase Amount on its web site. The Annual Allowable Rent Increase is effective for the calendar year (January 1 – December 31) after it is published. This amount is based on the published Consumer Price Index for Nova Scotia for the previous two years and is shown as a percentage.

Your landlord may raise your rent by an amount up to that percentage in any given year. You may either pay the new amount or give notice that you are leaving the Land Lease Community. (See "At the End of a Tenancy.")

A landlord must give seven months' notice before raising the rent. The Notice of Rent Increase must be properly served. In many cases a Land Lease Community will have one rent increase date for all spaces. This date should be noted in your lease.

Rent Increases Higher than the Annual Allowable Rent Increase Amount

A landlord can apply to the Residential Tenancies program to give a rent increase that is higher than the posted percentage. (See Landlord's Guide: "Rent Increases Higher than the Annual Allowable Rent Increase Amount" for more details.)

Your landlord must make an Application to Director to request this additional increase. The landlord must serve you a copy of the completed application and a Notice of Rent Increase form. The form will show the increase amount the landlord is proposing and the date the increased rent will begin. Your landlord must serve both of these documents at least seven months before the land lease community's rent increase date.

The Application to Director will give you information about how you may review the documents your landlord submitted with the Application.

You can make a written response to the Application if you disagree with any of the information provided. The time lines for sending this to the Residential Tenancy Officer will be included with the documents your landlord gives you.

The Residential Tenancy Officer will consider your landlord's application and any feedback from tenants against a defined list of criteria. The Officer will make a decision about the appropriate rent increase amount. The Officer will mail the landlord and each tenant a copy of the decision.

Your landlord may raise your rent by the amount in the decision. You may either pay the new amount or give notice that you are leaving the Land Lease Community. (See "At the End of a Tenancy")

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Selling your Manufactured Home

When you're ready to move on from your manufactured home, and plan to sell it to someone who will keep it in the same space in a Land Lease Community, the buyer must, with the landlord's approval, become a tenant of the Community.

The proposed buyer can either sign a new lease or take over your existing lease.

Your first step should be to let your landlord know you plan to sell, and, as soon as possible, arrange for a potential buyer to apply to become a tenant in the Land Lease Community.

If your landlord is not willing to make these arrangements, or if you suspect you will have trouble with the approval process, you can use our new process.

If you want to sign over (assign) the lease to the proposed buyer, you must give the buyer:

  1. A copy of the current lease, or any part of it that is in writing.
  2. A copy of the landlord's rules for the Land Lease Community that form part of the lease.
  3. The amount of rent you currently pay, and the date and amount of the last rent increase.

You must then prepare a written request to have the proposed buyer approved as a tenant of the Land Lease Community. The request must include the following:

  1. Whether you are asking to sign over the existing lease or whether the buyer wants to sign a new lease with the landlord.
  2. The civic address of the manufactured home space of the manufactured home you are selling and your name, telephone number, and mailing address.
  3. The buyer's name, telephone number and civic address. If the buyer has a different mailing address, send that as well. If the buyer is a tenant with another landlord, they must also supply the name and telephone number of their landlord.
  4. If the buyer has been at their current address for less than two years, they must also provide their previous civic address, and contact information for their previous landlord, if there is one.
  5. The names and telephone numbers of two personal references for the proposed buyer.
  6. The date when the new lease will start, or the date the buyer will take over the lease.

As part of the letter, you must have the buyer give consent for the landlord to:

  1. Contact the references provided in the letter, including prior landlords.
  2. Check the buyer's income and request a copy of his or her credit report.
  3. If you are assigning the lease (the buyer is taking it over) the buyer must confirm they have received the lease, landlord's rules, and information about the rent amount and most recent rent increase.

You must properly serve this letter on the landlord. This means you or your representative must personally hand it to the landlord, or send it by registered mail.

You landlord must reply to the letter within 10 days of receiving it. The landlord may:

  1. Approve the buyer as a new tenant.
  2. Decline to approve the buyer as a tenant because:
    1. The request was missing required information
    2. After checking references and records, the landlord believes the buyer:
      1. will not comply with the lease or with the rules that form part of it
      2. cannot or will not pay the rent.
    3. The landlord could not contact one or more of the references after making every reasonable effort and has told the you that the reference was not available.
    4. The landlord believes the buyer does not plan to live in the manufactured home because:
      1. The buyer plans to use it for business
      2. The buyer already owns more than one manufactured home in the Land Lease Community.
    5. The manufactured home has been removed or destroyed.
    6. There is an Order of the Director or an Order of the Small Claims Court that shows that you owe rental arrears or other money to the landlord.
    7. The manufactured home does not meet municipal bylaws or rules for the Land Lease Community.

If your landlord does not reply within 10 days of you handing them the request or of them picking up the registered letter, it is the same as if they have approved the request and the proposed buyer has been accepted as a tenant.

If your landlord declines the buyer as a tenant, the buyer will not be able to live in the manufactured home while it is located in the Land Lease Community. You can make arrangements to move the manufactured home, or look for another buyer.

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