s.162 — Mobile home abandoned

162 (1) This section applies if, (a) the tenant has vacated the mobile home in accordance with, (i) a notice of termination of the landlord or the tenant, (ii) an agreement between the landlord and tenant to terminate the tenancy, or (iii) an order of the Board terminating the tenancy or evicting the tenant; or (b) the landlord has applied for an order under section 79 and the Board has made an order terminating the tenancy. (2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord’s intention to do so, (a) by registered mail, sent to the tenant’s last known mailing address; and (b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located. (3) The landlord may sell, retain for the landlord’s own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord’s intended disposal. (4) If, within six months after the day the notices have been given under subsection (2), the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out-of-pocket expenses incurred with respect to the mobile home; and (b) any arrears of rent of the tenant. (5) If, within six months after the day the notices have been given under subsection (2), the tenant makes a claim for a mobile home which the landlord has retained for the landlord’s own use, the landlord shall return the mobile home to the tenant. (6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home. (7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant’s mobile home in accordance with this section.