Bill 235 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii " the Legislative Assembly of Alberrn Bill 235 An Act To Amend the Landlord and Tenant Act (Legislature 18, Session 4)

L18 S4 4418

Alberta — Bills

1978 BILL 235 Fourth Session, 18th Legislature, 27 Elizabeth II " THE LEGISLATIVE ASSEMBLY OF ALBERrn BILL 235

AN ACT TO AMEND THE LANDLORD AND TENANT ACT MR. MANDEVILLE First Reading Second Readmg ______________________________________ _ Committee of the Whole _______________________________ _ Third Readillg _______________________________________ _ Royal Assent _________________________________________ _ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 235 Mr. Mandeville BILL 235 1978

AN ACT TO AMEND THE LANDLORD AND TENANT ACT (Assented to , 1978) HER MAJESTY, by and with the advice and cnnsent of the Legislative Assembly of Alberta, enacts as follDWS: 1. The Landlord and Tenant Act is amended by this Act. 2. The following is added after

section 21,' 21.1

(1) In this sectinn and in sectinns 21.2 tn 21.6 (a) "mnbile hnme IDt" means land rented ,as a site for a mobile hnme used fnr recreatinnal purposes; (b) "mnbile hnme park" means an area cDnsisting of nne or more mnbile home Ints, and ( c) "park owner" means the owner or nperatnr of a mobile hDme park.

(2) Every park Dwner shall 'Offer tn each mobile home 'Owner tn wh'Om he agrees tn lease a mnbile home lot a written tenancy agreement setting fnrth (

a) a descriptinn of the IDt and of any Dther premises in re Ispect of which the mnbile home 'Owner has the right 'Of passage nrenjnyment; (

b) the amount 'Of rent payable; (

c) the services prnvided by the park 'Owner and any pay ment due theref'Or; (

d) the rights and duties Dfall parties; (

e) all rules and r'egulatinns prnmulgated by the park owner; and (

f) the security or depnsit Dr any other fee or 'Obligation im posed 'On the mobile hnme owner by the park 'Owner.

(3) Every tenancy agreement fnr a mobile home IDt shall be assignable to any person whn purohases the mobile home situated 'On that IDt during the tenancy subject tn the onnsent of the park Dwner, such consent not tn be unreas'Onably withheld.

Explanatory Notes I. This Bill will amend

chapter 200 of the Revised Statutes of Alberta, 1970. 2. Sections 21.2 to 21.6 establish certain rights and obligations for mobile home owners and park operators; limits charges; establishes per mitted grounds for termination.

( 4) A park 'Owner shall not make any charge for giving a CDn sent referred tD in subsection (3), ex:cept tD the extent of his reasonable expenses actually incurred Itherein.

(5) A mobile home owner may make

summary application to the District Oourt for an order ,compelling I a park owner to com ply with this section. 21.2 A park owner shall not act as the agent of the mobile home owner in any negotiations to 'sell, lease or otherwise part with the possession of a mobile home situated in a mobile home park, unless the mobile home owner has appointed ,in writing the park owner 'as his agent in that regard. 21.3 A park owner shall not make any charge whatsoever in respect of (

a) the entry of 'a mobile home into a mobile home park; (

b) the exit of a mobile home from a mobile home park; (

c) the installation of a mobile home in a mobile home park; (

d) the removal of a mobile home from a mobile home park; or (

e) the granting of a tenancy ina mobile home park, ex:cept to the extent of his reasonableex:penses actually incurred thereby. 21.4

(1) Subject to subsections (2) and (3), a park 'Owner shall not restrict in 'any way the right of a mobile home owner to pur:chase goods 'Or services from the persons 'Of his choice.

(2) A park owner may set reasonable standards for mobile home equipment in order to protect the safety, health or enjoy ment of the other mobile home owners resident in the park.

(3) Where a person selling goods or services has (

a) unduly disturbed the peace and quiet of a mobile home park, or (

b) failed to observe such reasonable rules ofoonduct or traffic rules as have been established by the park owner, the park owner shall request him to discontinue such conduct, and if he does not ,comply, the park owner may 'restrict or prohibit his entry into the mobile home park. 21.5

(1) Every park 'Owner is responsible for (

a) prDviding or ensuring the availability of a means for the removal Dr disposal at reasonable intervals of garbage in the mobile home park; (

b) maintaining alllioads in the mobile home park in a good state of repair; (

c) remDving excess snow from all roads in the mobile home park as soon as reasonably possible; (

d) maintaining the plumbing, sewage, fuel and electrical systems in the mobile home park in a good state of repair; 2

(

e) maintaining the grounds, buildings, structures, enclosures and equipment in the mobile home park, that are avail able for the common use or 'enjoyment of the mobile home owners, in a clean condition and a good state of repair; and (

f) repairing any damage to the mobile home owner's pro perty that has been caused by the wilful or negligent act or 'Omission 'Of the park owner, his employees or agents.

(2) The mobile home owner is responsible for (

a) maintaining the rented premises in a clean condition, and (

b) repairing any damage to the park owner's property caused by the wilful or negligent aot or omission of the mobile home owner or of persons who are permitted on the premises by him.

(3) The obligations imposed by this s'ection may be enforced by

summary application to the District Court and ,the Court may (

a) terminate the tenancy lagreement 'Subject to such relief against f.orfeiture of ,the security deposit 'as it sees fit; (

b) authorize any repair that has been or is to be made and 'Order the cost thereof to be paid by the person respon sible to make the repair; or (

c) make such further or other order as it considers appro priate. 21.6 A lease 'Of a mobile home lot may not be terminated other than for (

a) non-payment of rent; (b) 'conviction of a violation of some law which is detrimen tal to the health, safety or welfare of the other mobile home owners resident in the mobile home park; (

c) violation of a reasonable rule or regulation of the park owner; or (

d) a change in the use of the land on which the mobile home park is' situated to a use other than a mobile home park. 3. This Act comes into force on the day upon which it is assented to. 3 Title: 1978 (18th, 4th) Bill 235,

An Act to Amend the Landlord and Tenant Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4418
Type	bill
Volume / chapter	L18 S4 4418
Language	en
Format	json
Source	PROVINCIAL
Identifier	7a01da4e1ccd2955b9fff259d8f82f731e9b3ccf

Source file is stored in the law ingest library (json).