Government of New Brunswick
  •  A mobile home site tenancy is one where a mobile home owner (tenant) rents a site within a mobile home park.
  • A mobile home site tenancy refers to tenancy agreements between a landlord and a tenant with respect to the land on which a mobile home is located. 
  • No landlord of a mobile home site can restrict the right of a tenant of the mobile home to sell, lease, transfer or otherwise part with possession of a mobile or an interest in a mobile home.
  • The landlord must allow the tenant to sublet or assign the lease.  However, the Landlord may reserve the right to approve or deny the potential assignee.  This would be indicated in the lease.  If you and your landlord don’t agree, apply for assistance through our office.
  • The mobile home is considered a chattel.  The tenancy agreement sets out the details of renting the land as opposed to renting the mobile home.
     
Changing an existing lease:

To change any of the rules or obligations of a mobile home site tenancy, the landlord must give the tenant three months’ written Notice of Alteration.

The change must not conflict with any provisions, rights or duties of the Residential Tenancies Act, must be reasonable and fair, and must not relate to amount of rent to be paid. 

See Notice of Alteration of Tenancy

The tenant can dispute a Notice of Alteration or a Notice of Termination within 15 days of receipt of the Notice by applying to the Residential Tenancies Tribunal for a review.
 

Rent Increase:

A landlord can increase the rent for mobile home site tenancy if the tenant is given proper written notice. 

SERVING A RENT INCREASE:

Type of Tenancy

Minimum notice period

Additional requirements

Mobile Home Site

Six months

Notice must be in writing.

  • the notice increase must bea separate document. It must not be part of   any other notice or receipt given to, or served on the tenant by the landlord
  • the landlord must also be increasing the rent by the same percentage for each mobile home site in the mobile home park, or in the same distinct area of the mobile home park.
Terminating a Mobile Home Site tenancy due to a rent increase:  

A tenant can terminate the lease if they do not wish to pay the increased rent.  A Notice of Rent Increase can be treated as a Notice of Termination and will be effective on the day on which the increase in rent is to take effect. If the tenant chooses not to accept the rent increase   they must give the landlord proper written notice.

 SERVING A NOTICE OF TERMINATION DUE TO RENT INCREASE

Type of Tenancy

Minimum notice period

Additional requirements

Mobile home site

Two months before the day the rent is due to increase

 

Notice must be in writing.

The tenant has 15 calendar days from the date the Notice of Rent Increase was served to apply to the Residential Tenancies Tribunal in writing by submitting an Application for Assistance to have the notice reviewed by a residential tenancies officer.

 

 

Terminating a Mobile Home site Tenancy:

SERVING A NOTICE OF TERMINATION

Type of Tenancy Minimum notice period Reasons for terminating

Mobile home site

Tenant:

No later than two months before the rent is due if the tenants decide to end the tenancy.

If the landlord end the tenancy then the tenant may end the tenancy during the six month notice period by providing the landlord with one month’s notice (to be effective on the last day of that month) before the expiration of any month within the six month period.

Tenant:

No reason required.

 

Landlord:

Six months before the rent is due on the date the landlord would like to end the tenancy.

Notice must be in writing.

Landlord:

The landlord intends in good faith that the mobile home site will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse.

The mobile home site will be used for something other than as a mobile home site.

The mobile home site will be renovated to such an extent that it needs to be vacant to carry out the renovations.

A tenancy agreement is considered terminated at midnight on the termination date.

Questions?

Email irent@snb.ca or  Telephone 1-888-762-8600 (it is a free call)