Notice of Termination

Notice by Mobile Home Park Owner For Non-Payment of Municipal License Fees or Municipal Taxes

s.1(1.6), 53, 94, 95(1), (2), (5), (6), The Residential Tenancies Act
 

Notice of termination: a written notice by a landlord to end a tenancy.

Order of Possession: a written Order, issued by the Branch, that enforces a Notice of Termination. The tenant must move out of a rental unit on or before a set date.
 

A tenant must pay the municipal licence fees or municipal taxes on the due date.

If a tenant doesn't pay the licence fees or taxes, a landlord is entitled to give notice.

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When a landlord gives a notice for non-payment, they can decide how much time they will give the tenant to move.  The Act does not set any guidelines on how much time the landlord must give.  A landlord may want to consider giving a tenant a reasonable amount of time to pack and move

A landlord's notice of termination for non-payment of the municipal licence fees or municipal taxes must include all of the following information:

• the address of the rental unit that the notice applies to;

• the reason for giving notice;

• the amount of the unpaid licence fees or taxes;

• the date the tenant is to move out; and

• a statement that the tenant is entitled to disagree with or dispute the landlord’s right to give notice.

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If a landlord’s notice is missing any of the above information, the Branch may not consider it valid and enforceable.

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When giving a tenant notice, a landlord must deliver the notice to the tenant in person.  The landlord can also hand it to an adult at the rental unit.  If there is more than one tenant, the landlord must put all the names on the notice.  However, generally the landlord doesn't need to give each tenant their own copy of the notice.  If the landlord has difficulty serving the notice to any party, they can contact the Branch for permission to serve the notice in some other way.

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A landlord can give notice to move for non-payment of municipal licence fees or taxes during the winter or during the school year.

When a tenancy is ending, the Branch encourages a landlord and tenant to discuss move-out arrangements ahead of time.  A tenant doesn't have the right to stay in a rental unit beyond the last day of a notice period.  If a tenant needs to stay in a rental unit until the first day of the next rental payment period, they must make special arrangements with the landlord.

If a tenant doesn’t move after receiving a notice of termination, a landlord may apply to the Branch for an Order of Possession and file a claim for money that the tenant owes.

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Overview

A landlord can ask the Branch for information on how to end a tenancy because of non-payment of municipal licence fees or taxes.  They can also ask the Branch to help them end a tenancy through mediation or by making a decision and issuing an Order.
 

Steps

1. The officer encourages the landlord and tenant to share information, and to discuss the problem to try to come to an agreement.
    

2. When a landlord or tenant asks the Branch for help with a notice of termination problem, an appropriate officer follows the procedures for:

• mediation
• orders of possession
• hearings

Notice of Termination for Non-Payment of Mobile Home Property Taxes or Licence Fees
.......................................................................Form 7.1 Residential Tenancies Regulation

For more information on Mediation, see Section 1.
Orders of Possession are covered in Section 8.
For details on Hearings, see Section 11.
 

October, 2004

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