When is a conversion notice permitted?
Under Manufactured Home Park Tenancy Act section 42, the proposed conversion must involve all or a significant part of the park and a different future use. The landlord must actually intend to carry out that purpose, with no improper ulterior motive, and already have the legally required permits and approvals. A plan to sell the park, by itself, is not the same as conversion. Tenants may ask to see the relevant permits and may challenge good faith or eligibility before the RTB.
Complete and deliver all three pages
- Page 1: Enter all tenant names and their service address, all landlord names and landlord address, the exact manufactured-home site address, and a move-out date. The landlord or authorized agent must sign and date the notice. Add RTB-26 if extra parties must be listed.
- Page 2: Review the stated conversion requirements, $20,000 compensation, early-move-out option and possibility of additional compensation where a home cannot be moved. Record the actual method and date of service.
- Page 3: Give the tenant the remaining information on receipt, dispute resolution and compensation. Serve every page; providing only the signature page is not sufficient. Keep a complete copy and use RTB-34 to document service.
Calculate the 12 months and the 15-day dispute period separately
The end date must be at least 12 months after the tenant receives the notice and must be the day before rent would ordinarily be payable for the next rental period. If rent is paid on the first, this normally means the end of a calendar month. The tenant's deadline to file an RTB dispute is much sooner: 15 days after actual or legally deemed receipt. Service by mail, posting or authorized email can change the receipt date. If the tenant misses the dispute period, section 42 generally treats the notice as accepted.
$20,000 compensation and moving out sooner
Section 44 and the current prescribed regulations require the landlord to pay $20,000 on or before the notice's effective date. Under section 43, the tenant may give at least 10 days' written notice to end the tenancy before that date and pay only the applicable proportion of rent. If rent was prepaid for dates after the earlier move-out, the landlord must refund that part. Moving out early does not eliminate the tenant's statutory compensation entitlement.
When could additional compensation apply?
Under section 44.1, a tenant may request an RTB order for an additional amount equal to the most recent assessed value of the manufactured home minus $20,000 if that assessed value exceeds $20,000 and the tenant proves the legally prescribed circumstances in which the home cannot be moved. The conditions are specific; do not assume every home with high moving costs qualifies. If the landlord does not take steps to complete the stated conversion within a reasonable period, section 44 provides a separate potential payment of the greater of $5,000 or 12 months' rent, unless the director excuses the landlord because of extenuating circumstances. Tenants generally must apply to the RTB for these additional amounts.
Common mistakes
Serving RTB-31 before the permits are obtained, choosing a move-out date that does not allow a full year after legal receipt, forgetting any pages or the landlord's signature, assuming the tenant has 12 months to dispute, or overlooking the base $20,000 and possible additional compensation. This notice covers the park site tenancy; it is not a standard apartment demolition notice.