 Mobile Home Parks and Land Lease Communities ◦ These are popular options for mature adults ◦ Their terms run between 20 and 99 years ◦ They are governed by the Residential Tenancies Act ◦ Landlord retains possession of land, structures, services and facilities that are used by the tenant ◦ Land lease home = permanent structure ◦ Mobile home = moveable structure ◦ People staying on property temporarily (like on vacation) are exempt from Residential Tenancies Act

◦ Lease/sale of Land Lease Home/Mobile Home  The tenant can lease/sell mobile home/land without consent of the landlord  The landlord can act as an agent of the tenant in this regard ◦ Signage  The tenant may put up signs in windows  The landlord may only prohibit signs if:  The prohibition applies to all tenants  The landlord provides a bulletin board free of charge and in a place that is accessible to public at all times ◦ First right of refusal (if contained in tenancy contract)  This means the landlord is given a certain period of time to purchase land lease home from the seller on same terms as the offer made by a buyer

 Care Homes ◦ Care homes = regulated by Residential Tenancies Act ◦ They are residential complexes where residents receive care services such as therapeutic/rehabilitative services or daily living assistance services ◦ Regulations lay out a guideline about the various services that can be offered  These include nursing, bathing, feeding, dressing, personal hygiene, ambulatory assistance and emergency response services ◦ Care home tenancy agreement must lay out all meals and services that will be provided and related costs

◦ All agreements should include statements saying that the prospective tenant has:  Right to get advice from third-parties (family member, realtor, lawyer etc.)  Right to cancel agreement within five days of entering into it (cooling period) ◦ Prospective tenants should be provided with information packages that include staff, medical response, fire and emergency information  Minimum requirements of this package are governed by regulations

 Life-Lease Communities ◦ Also known as Life Equity/Life Estate Community ◦ Life lease projects allow residents to buy the right to occupy a unit for life (life of the survivor if there are two residents in the occupancy agreement) ◦ They are legislated by contract law, not the Condo Act or Residential Tenancies Act ◦ Life-lease cannot be assigned or transferred without permission of the landlord

 There can be more than one matrimonial home (for instance, one in the city and one in the countryside)  If a property is deemed to be the family residence at a particular time, it can be designated as the matrimonial home at that time ◦ Only a property designated as a matrimonial home (and not all other homes) will be protected by Part II of the Family Law Act (related to consent and possession)

 Family Law Act lays down the process for equal division of property in case a marriage ends ◦ Property obtained during the marriage is divided equally unless the couple have a valid contract distributing the property in a different way, or if there is a court order to the contrary ◦ If property is obtained before the marriage, the non-title spouse is entitled to 50% of the incremental increase in the value of the property  Both spouses have equal right in possession of the matrimonial home ◦ This is not an interest in land, but a personal right

 When selling ◦ If both are registered owners (the title is jointly held), they both must sign the Agreement of Purchase and Sale ◦ If only one spouse holds title, the non-title spouse must sign under Spousal Consent (page 4 of the Agreement of Purchase and Sale)  The property may not be disposed (gifted, given away, sold etc.) or encumbered (loaned out etc.) without spousal consent  Without spousal consent signature, problems may arise pursuant to Family Law Act  Non-title owner may not sign anything in the Agreement besides the Spousal Consent ◦ This applies to all properties but is subject to exceptions (court award, pre-nuptial contract, gift, inheritance etc.)

 When buying ◦ Both spouses do not have to sign while buying, but typically both spouses sign/initial the Agreement ◦ A spouse who does not sign may be added later via Amendment to the Agreement or through direction (lawyer) ◦ Spousal consent is not necessary while buying  Common law marriage ◦ Involve two people of same or different sex who have cohabitated for 3 years or with a child and a relationship of some permanence ◦ Does not offer same rules and rights as marriage ◦ Court determines status of property that has been cohabitated – no automatic right to share value of real estate