Park Rules - Mobile Homes (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-01
CLNP Page ID:	2427
Page Categories:	[Mobile Homes & Trailer Parks]
Citation:	Park Rules - Mobile Homes (LTB), CLNP 2427, <https://rvt.link/di>, retrieved on 2024-11-01
Editor:	Sharvey
Last Updated:	2024/10/21

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

154 (1) If a landlord establishes rules for a mobile home park,

(a) the landlord shall provide a written copy of the rules to each tenant; and

(b) the landlord shall inform each tenant in writing of any change to the rules. 2006, c. 17, s. 154 (1).

(2) Until a landlord has complied with clause (1) (a) or (b), as the case may be,

(a) the tenant’s obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent. 2006, c. 17, s. 154 (2).

(3) After the landlord has complied with clause (1) (a) or (b), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (2). 2006, c. 17, s. 154 (3).

Resort v Swirski, 2020 CanLII 119570 (ON LTB)

1. This application was heard together with SOL-13889-20. The two applications concern two units in a mobile home park. The Tenant owned rented one of the units and owned the mobile home on it. She rented the other unit with the intention to sell the first unit; however, she says that the Landlord refused to allow the sale.

2. The Tenant believes that the Landlord has rules regarding whether a sale of a mobile home will be permitted, and that it refused to allow her sale pursuant to those rules. She asked the Landlord to provide a copy of the rules, but it replied that it had not established any rules for the mobile home park.

3. The Tenant then stopped paying the rent for both units. She relies on section 154 of the Residential Tenancies Act, 2006, SO 2006, c 17 (the 'RTA'), which provides that if a landlord establishes rules for a mobile home park, it must provide a written copy of them to each tenant, and that if it does not, a tenant’s obligation to pay rent is suspended.

4. In these circumstances, I find that the Tenant’s obligation to pay rent has not been suspended. Section 154 only requires the Landlord to give a written copy of its rules if it has in fact established rules. By telling the Tenant that it has no rules, the Landlord complied with section 154.

(GIOL) v ET, 2022 CanLII 137844 (ON LTB)

63. In any event, such a representation, in my view, would not be determinative of this matter as section 154 envisages that a landlord of a mobile home park has the authority to change park rules. The evidence before me establishes that there was a change to the Rules after the above alleged conversation between the Landlord and Tenant.

Reit v Ciantar, 2021 CanLII 145451 (ON LTB)

6. Sec. 154 of the Act states that if a landlord establishes rules for a mobile home park, the landlord shall provide a written copy of the rules to each tenant, and the landlord shall inform each tenant in writing of any change to the rules.” There is no argument that the Tenant received a copy of the rules. From this, I conclude that the Act recognizes the right of a landlord to make reasonable rules for the park as long as they are not inconsistent with the Act and the tenancy agreement, and a tenant who acts contrary to the rules is interfering with the lawful rights of the landlord.

CEL-22976-12 (Re), 2012 CanLII 44877 (ON LTB)

1. Although a landlord of a land lease community is permitted under section 154 of the Residential Tenancies Act, 2006 (the ‘Act’) to establish rules for the mobile home park, the landlord’s evidence must demonstrate that the tenant’s conduct has substantially interfered with the reasonable enjoyment of the residential complex by the Landlord or another tenant, or another lawful right, privilege or interest of the landlord or another tenant.