Can a land-lease park operator refuse to approve the buyer when I sell my mobile home?
Not arbitrarily. When you sell a home in a land-lease community, the site lease has to be assigned to your buyer, since they'll become the new tenant of the site, and Part X of the Residential Tenancies Act, 2006 generally limits how freely an operator can refuse to approve that assignment. An operator can typically apply reasonable, specified criteria — such as the buyer's ability to pay the site fees or compliance with community rules — similar to how assignments work in other tenancies, but withholding approval unreasonably, or for reasons unrelated to legitimate concerns about the buyer, is generally not permitted.
If an operator refuses a buyer and the seller believes that refusal is unreasonable, this is the kind of dispute that can generally be brought to the Landlord and Tenant Board, since land-lease communities remain within the Residential Tenancies Act's framework, unlike some other housing arrangements where similar disputes stay entirely internal. Because a refused sale can leave a seller stuck holding a home they can't easily place elsewhere, anyone facing this situation should get the operator's reasons in writing and seek legal advice promptly rather than simply accepting the refusal or restarting the sale process from scratch without addressing it.
Key takeaways
- An operator can apply reasonable approval criteria to a buyer but generally can't refuse unreasonably.
- The rules come from Part X of the Residential Tenancies Act, 2006, governing lease assignment.
- Disputes over an unreasonable refusal can generally go to the Landlord and Tenant Board.
- Get any refusal in writing and seek legal advice promptly rather than accepting it outright.