Manufactured Homes and Land Lease Communities
- What's Different?
- Notice to Quit
- Special statutory conditions for manufactured homes
- Rental Increases
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 the landlord at least one month's notice to quit. The notice must be on From C - Tenant's Notice to Quit.
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Special statutory conditions for manufactured homes
- The landlord cannot restrict the tenant's right to sell or lease the tenant's manufactured home.
- If a tenant wishes to sell the home, the tenant 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 "When a Tenant Wishes to Sell a Manufactured Home.")
- 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.
- The landlord must allow the tenant to buy goods or services from whichever person or company the tenant chooses.
- The landlord may set reasonable standards for the condition of manufactured homes and manufactured home spaces within the community.
- If a person who enters the community to sell goods or services:
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.
- causes a disturbance;
- doesn't observe the reasonable rules; or,
- or violates the traffic rules
- The landlord must comply with the municipal by-laws with regard to common areas and services provided to tenants in the landlease community.
- 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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Regular Rent Increases
Rent in a Land Lease Community may be raised once in any twelve-month period, but not in the first twelve months after a lease is signed.
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 the average of the previous two years of the published (Consumer Price Index) for Nova Scotia and is shown as a percentage. (See the "Regulations for the Residential Tenancies Act for the calculation".)
You may raise rent by an amount up to that percentage in any given year. If the increase is less than the Annual Allowable Rent Increase Amount, you may be able to use the unused percentage in the next year's increase. (See "Using Unused Portions of the Annual Allowable Rent Increase Amount.")
You must give seven months' notice before raising the rent. If you have a common rent increase date for all spaces, it should be noted in your lease. The Notice of Rent Increase must be in Form N and properly served on each tenant.
Rent Increases Greater 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.
To do this:
- Prepare an Application to Director using the (Form N – Application to Director – Rent Increase Greater than Annual Allowable Rent Increase Amount) Include your proposed rental increase, and note whether you wish to give one increase amount to all tenants, or a series of different increase amounts.
- Prepare (Form O – Financial Information In Support of a Rent Increase Greater than Annual Allowable Rent Increase Amount). Attach any relevant documents (e.g. financial statements, invoices, quotes for capital expenses, etc.)
- Bring the completed forms to an Access Nova Scotia office. Staff will review your submissions and provide you with copies to serve on your tenants.
- Within 14 days of making the application, all tenants who will receive a rent increase greater than the Annual Allowable Rent Increase Amount with:
You do not have to serve the tenants with a copy of Form O. However, tenants who wish to see this information may do so by arrangement with the Residential Tenancy Officer assigned to the file.
- Form M – Notice of Rent Increase for Manufactured Home Space
- A copy of the Application to Director
- Return to the Access Nova Scotia office to sign an Affidavit of Service. If you do not return to sign the affidavit before the end of the 14th day your application will be considered withdrawn for any tenants who have not been served.
- Tenants will have 14 days after they are served to make written submissions to the Officer assigned to the file. The Officer will send you a copy of any submissions from tenants. If you wish to respond to these submissions, you must do so within 14 days of receiving them from the Officer.
- The Officer may, at any time during the process, ask you for additional information or documents.
- There will be no hearing. The Officer will consider your application, in particular actual operating expenses for the previous two calendar years.
- The Officer will make a written order that will:
- approve the requested rent increase amount.
- refuse the requested rent increase amount (you may then give a rent increase up to the posted Annual Allowable Rent Increase Amount.
- order another rent increase amount that is greater than the Annual Allowable Rent Increase Amount but lower than the requested rent increase amount.
Eligible Expenses for Consideration - Rent Increases Greater than the Annual Allowable Rent Increase Amount
- Management Fee
- Staff Wages
- Office Supplies and Equipment
- Office Utilities
- Other Business Fees
- Property and Liability Insurance
- Property Taxes
- Water and Sewer
- Natural Gas
Other Reasonable Operating Expenses Services
- Road Maintenance
- Common Area / Playground Maintenance
- Water and Sewer Testing / Maintenance
- Electrical Maintenance
- Snow Removal
- Garbage Removal
- General Equipment Maintenance
- Vehicle Maintenance
- Pest Control
Using Unused Portions of the Annual Allowable Rent Increase Amount
If you have given a rent increase that is lower than the maximum, you may use the unused portion of the Annual Allowable Rent Increase Amount in the following year.
To do this you must make an Application to Director using the process above. If you wish to use the unused portion only and not otherwise request a rent increase higher than the Annual Allowable Rent Increase Amount in the second year, you are not required to provide all financial information requested.
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