Removal of a Manufactured Home

Removal of Manufactured Home Abandoned by Tenant on Mobile Home Park

The first stage in removing an abandoned manufactured home as a landlord is determining whether you have the authority to do so. This requires asking which legislation applies and whether the manufactured home is abandoned. Once confirmed, the second stage is the actual removal process – noting that removal places the landlord under several obligations.

Does the Landlord Have Authority?

A Landlord is given removal authority under the BC Manufactured Home Park Tenancy Act (“Act”), which applies where only one of the park site, or the manufactured home, is rented to the tenant under a valid tenancy agreement. To clarify, the Act only applies where it is not both the site and home that are rented to the tenant – if both are rented, the Residential Tenancy Act instead applies, and a different process is to be followed. This article deals only with the former situation.

Abandonment and Removal

Now that we have confirmed the correct legislation applies, the question becomes whether the manufactured home is actually abandoned. Abandonment occurs in one of two common situations:

Situation 1:

1. The tenancy agreement has ended;
2. The tenant left personal property (in this case, a manufactured home) on the site; and
3. The tenant has vacated the site.

Situation 2:

1. The tenant has not ordinarily occupied the site, and has not paid rent, for at least one month; or
2. The tenant has removed substantially all of their personal property.

Both scenarios in situation 2 require the tenant to have told the landlord that they will not return, or it must be clear that the tenant abandoned the site and is not reasonably able to return.

If the landlord can prove the tenant abandoned the home, then the landlord may remove the manufactured home from the site. However, the landlord is still under several obligations. Here is a non-exhaustive list:

1. Storing the home in a safe place and manner for at least 60 days after removal;
2. Keeping a written inventory of the property removed;
3. If the tenant asks, telling them, or their agent, where the property is stored;
4. Sending a notice of disposition to the tenant, if the landlord wishes to dispose of the home;
5. Keeping notes for at least 2 years on the disposition (if any);
6. Dealing with parties who might have a secured interest in the home.
7. Giving public notice (g., newspaper, legal Gazette, etc.) of the home removal; and
8. Exercising a duty of reasonable care and caution in removing the home and property.

If all of the above are met, and all other obligations placed upon the landlord under the Act are fulfilled , then the landlord is able to dispose of (that is, sell) the home. However, if you, as landlord, do not comply with your duties and the legislative procedures, you could be held liable for any loss incurred by the tenant.

Ultimately, there is a lot to consider before removing an abandoned home, and great care must be taken before doing so.

To learn more about removing an abandoned mobile home or for assistance with other elements of your transaction, get in touch with the experts at Linley Welwood.

© Linley Welwood LLP. The contents of this article do not constitute legal advice. Readers should seek legal advice in relation to their own specific circumstances.