A manufactured home park tenancy agreement needs to be in writing to be valid.
If you live in a mobile home park, it’s important to know your legal rights. That way, if things go wrong, you’ll know what options you have. The starting point in determining your rights is understanding your rental situation.
Figure out which laws apply to you
Which laws apply to you as a mobile home park resident? It depends. There are three possibilities:
You own your mobile home and rent the site it sits on under a tenancy agreement. You’re covered by BC’s manufactured home park tenancy law.
You rent your mobile home and rent the site it sits on under a tenancy agreement. You’re covered by BC’s residential tenancy law.
You own your mobile home but merely “occupy” the site it sits on — meaning you don’t have a tenancy agreement. You’re not protected by either set of BC’s tenancy laws.
Let’s explore each of these scenarios by looking at three examples.
Different rules for mobile home parks on reserve land
If you live in a mobile home park located on reserve land, BC’s manufactured home park tenancy law does not apply. The same goes for BC’s residential tenancy law. To clarify your rights, reach out to your local band council office.
As part of their retirement plan, Dale and Mark decide to leave their apartment in the city and move into a mobile home. They buy a second-hand RV, and choose a quiet site in a nearby mobile home park to rent.
They meet with the owner of the park, who’s also the landlord. He presents them with a written tenancy agreement. After seeking help from a local agency to understand the agreement, they decide that they’re happy with the terms. They both sign it, together with the landlord.
Dale and Mark are protected under BC’s manufactured home park tenancy law because:
they own their mobile home
they rent the site it sits on
they entered into a tenancy agreement with their landlord
Luis is a migrant worker from Mexico. He found a job on a blueberry farm in BC’s interior under Canada’s seasonal agricultural worker program. He plans to stay for the summer picking season. His employer arranges accommodation for him — a small modular home in a manufactured home park close to the farm.
Luis meets with the park landlord, who presents him with a written tenancy agreement. Rather than signing right away, Luis takes the agreement to a local settlement service for help with translation. He learns that the agreement covers both the home and the site it sits on. He decides to sign.
Luis is protected under BC’s regular residential tenancy law because:
he rents the manufactured home
he rents the site it sits on
he entered into a tenancy agreement with his landlord
For more on residential tenancies, see our in-depth guidance on renting.
Julien is a nomad who loves to travel around Canada in her RV. She pays a visit to Vancouver Island and discovers a lovely RV park in a coastal town. She decides she’d like to stay for a while, and asks the park owner if he has any spots available.
The park owner presents Julien with an agreement with the heading “licence to occupy.” Under the agreement, Julien pays the owner rent (plus GST) on a weekly basis for as long as she stays. As well, the agreement gives the owner the right to evict Julien at any time, without notice. And Julien has the right to leave at any time, also without notice.
Julian is not covered by either of BC’s tenancy laws because:
she owns the RV
she is only occupying the site it sits on
she doesn’t have a tenancy agreement with the park owner
It's the substance of the agreement that counts
Even if you sign something called a “licence to occupy,” you could still have a tenancy agreement. It’s the substance of the agreement that decides the question. See below, under factors to consider.
What you should know
BC law doesn’t use the term “mobile home.” Instead, what we would typically call a mobile home or RV falls under the definition of “manufactured home.”
The law in BC defines a manufactured home as a structure — with or without wheels — that is:
designed or built to be moved from one place to another by being towed or carried, and
is used or intended to be used as a living accommodation.
Many different structures — including manufactured homes not built to code or structures that aren’t typically considered to be manufactured homes — could fall under this definition. In deciding whether a structure is a manufactured home, an arbitrator will look at all of the surrounding circumstances.
“With traditional home ownership feeling out of reach, my husband and I started searching for more affordable options. After weighing the pros and cons, we decided to move into a mobile home park. We’ve made this our new home, so we were caught by surprise when our landlord — totally out of the blue — tried to evict us last month. He argued that since we only had a “licence to occupy,” he had the right to ask us to leave without notice. We took the matter to a hearing, and the arbitrator decided that we had a tenancy agreement. Now, we have 12 months to sort out a new plan before we need to leave.”
– Marjorie, Surrey, BC
In BC, there’s a law that applies specifically to manufactured home park tenancies. Under this law, manufactured home owners who rent a site in a manufactured home park have certain legal rights.
However, not every rental situation is covered. Only renters who have a tenancy agreement with their landlord fall within the scope of this law. Renters without a tenancy agreement generally don’t have the same legal rights and protections.
Unfortunately, figuring out if you have a tenancy agreement isn’t always simple. Nothing’s in writing? You may still have an agreement. Your landlord calls it something else — like a license to occupy? You may still have an agreement.
BC’s main law that applies to manufactured home parks only covers those who have a tenancy agreement. It doesn’t cover those who live in a manufactured home park under a licence to occupy.
Tenancy agreement
Under the law, a tenancy agreement is an agreement between a landlord and a tenant regarding:
the occupation of a manufactured home park site
the use of common areas, and
the use of services and facilities.
The agreement can be written or oral. It can also be express (you and your landlord are both aware of the terms and agree on them) or implied. Implied tenancy agreements can be tricky, as we explain below.
Licence to occupy
Under a licence to occupy a person is given permission to use a site, but it can be taken away at any time. In other words, a landlord can evict the licensee at any time without notice.
However, just because your landlord calls your agreement a licence to occupy doesn’t mean it is one. Sometimes a licence to occupy is a tenancy agreement in disguise. An arbitrator will look at all the surrounding circumstances to decide.
You are protected from discrimination
Whether you have a tenancy agreement or a licence to occupy, you’re protected by BC’s human rights laws. That means a manufactured home park owner or landlord can’t discriminate against you. Discrimination is when you experience negative treatment based on a personal characteristic protected by law. See our guidance on discrimination for more.
Generally, there is a presumption that a tenancy agreement has been created if:
the tenant has exclusive possession of the site — subject to the landlord’s right to access it — for a defined term, and
the tenant pays a fixed amount for rent.
Even if your landlord calls your agreement a licence to occupy, the law may view it as a tenancy agreement. That means you’d have greater legal protection.
There are several key factors that distinguish a tenancy agreement from a licence to occupy. A court or arbitrator would weigh all of them in deciding whether a tenancy agreement exists.
Below, we explain three of the main factors.
Factors to consider
The law that applies manufactured home park tenants is meant to protect those who intend to use the site as a primary residence. It’s not meant to protect those who intend to use it for a short-term vacation or for recreation.
In deciding this question an arbitrator will look for “features of permanence,” such as:
the home is hooked up to services or facilities meant for permanent housing (for example, a water connection)
the tenant has added permanent features, like a deck or carport, which the landlord has permitted
the tenant lives in the home year-round
the home hasn’t been moved for a long time
the home has been legally registered as a manufactured home
BC’s manufactured home park law isn’t intended to apply to seasonal campgrounds or mobile home parks that are used as temporary accommodation. But there are situations where an RV or mobile home may be considered a permanent residence.
Here are some tip-offs that suggest a site in an RV park or campground may not be a permanent residence:
the park owner has access or control over parts of the site and can enter without notice
rent is charged at a daily or weekly rate (rather than monthly) and the occupier pays goods and services tax (GST) on the rent
the parties have agreed that the occupier may be evicted without notice, or can leave without notice
the park owner pays for utilities like electricity and wifi
If your community’s bylaws limit how long you can stay
Some BC municipalities have bylaws that put a cap on how long you can stay in an RV park or campground. But BC’s tenancy guidelines say that, even where this kind of bylaw applies, you can still have a legal tenancy. This means you’d be protected by BC’s tenancy laws, and your landlord wouldn’t be able to rely on the bylaw to force you to leave.
If you and your landlord have a family or personal relationship, this makes it less likely that you’ll be found to have a tenancy agreement. That’s because your relationship suggests the living arrangement flows from generosity rather than business considerations.
For example, if a family member pays no rent (or highly reduced rent), an arbitrator may conclude that the family members didn’t intend to have a formal tenancy relationship.
For an in-depth look at this topic, see the provincial government’s guidelines.
If your landlord is harassing you
Some landlords use their positions of power to take advantage of tenants. For example, by giving them unwanted gifts, making lewd comments or invitations, or repeatedly showing up at their residence. This type of behaviour could amount to sexual harassment. See this fact sheet for more information and where to get help. This behaviour could also be a breach of your rights under your tenancy agreement. See this guidance from the provincial government.
Take action
If you are in a manufactured home tenancy, learn your rights and how to work out problems.
