CTS3885 – Notice of Default – Mobile Home Site Matters

Jurisdiction: Country: Canada | Province or State: Alberta

What is a CTS3885 – Notice of Default – Mobile Home Site Matters?

This form tells the Residential Tenancy Dispute Resolution Service (RTDRS) that a party has not followed an RTDRS order in a mobile home site dispute. You use it when a prior order set a deadline or a condition. The other party missed that deadline or condition. You want RTDRS to recognize the default and allow the next step. The next step is usually a stronger remedy that was already set out in the order.

Think of it as a compliance trigger. The original order often gives someone a chance to do something first. Pay money by a date. Move a mobile home by a date. Carry out site repairs or services by a date. If they do not, you use this notice. It alerts the RTDRS that a default has occurred. It also alerts the other party. It asks RTDRS to confirm the default and to grant the conditional remedy in the order.

Who typically uses this form?

Landlords or park owners often use it. Property managers also use it. Tenants also use it. Any party to an RTDRS mobile home site order may use it if the other party fails to comply. It applies only to mobile home site matters. That means the tenant owns the mobile home and rents the site. The dispute involves the site rental, services, and obligations tied to that site.

You would need this form when you already have an RTDRS order. The order set obligations and timeframes. The other side has not complied. You need enforcement without a full new hearing. Many RTDRS orders include a conditional clause. The order often says what happens if the condition is not met. The notice lets RTDRS act on that clause.

Typical use scenarios

• A landlord got a conditional order for possession. The order gave the tenant a payment plan. The tenant had to pay arrears by set dates. The order said the landlord may file a notice of default if any payment is missed. A payment was missed. The landlord files the notice and asks for possession to take effect.

• A tenant got an order that required the landlord to reinstate electrical service to the site by a set date. The landlord did not do it. The tenant files the notice to trigger the follow-up remedy in the order. That could include an abatement, costs, or further directions.

• A park owner got an order requiring a tenant to remove a derelict structure by a date. The tenant has not done it. The owner files the notice and seeks the conditional remedy. That may include authority to remove the structure and recover costs.

The form does not reopen the case. It moves the case to the next stage, the order already set. It must match the order’s wording. If the order does not allow this process, the notice will not work. In that case, you need a new application. The notice is a compliance form tied to the original order’s terms.

When Would You Use a CTS3885 – Notice of Default – Mobile Home Site Matters?

Use this form when you have a valid RTDRS order for a mobile home site matter. The order set a condition, milestone, or payment schedule. The other party did not meet it. You can point to a clear clause in the order that sets deadlines or steps. It also tells you what happens on default. The notice is the means to say that a default has occurred. It asks RTDRS to activate that “what happens” clause.

Here are common situations:

You are a landlord with a conditional possession order. The tenant had to pay rent arrears by the 5th of the month. The order states that missing any payment allows you to file a notice of default. The tenant missed the 5th. You file the notice on the 6th with proof, such as a ledger and bank records.

You are a tenant who won an order for the return of a security deposit. The order gave the landlord ten days to pay. The landlord did not pay by day eleven. The order says further remedies apply if payment is not made. You file the notice to request the conditional remedy. That could be an additional judgment, costs, or interest as specified.

You are a park owner who got an order requiring lot cleanup by a date. The order sets a deadline. It also allows you to file a notice if no cleanup happens by that date. You take photos on the deadline day and the day after. You file the notice with those photos and an affidavit or declaration.

You are a tenant who got an order requiring water service repairs by a date. The service still fails after the deadline. You file the notice. You attach dated emails, repair requests, and photos showing the ongoing issue. You ask for the remedy outlined in the original order.

The usual users are landlords, tenants, park owners, and property managers. The form allows either side to enforce an order. It applies only to mobile home site matters. It does not apply to standard residential tenancies unless the order is for a mobile home site. If you are unsure whether your order is for a mobile home site, check the file type and the site address details.

You should not use the notice if the order lacks a default clause. You should not use it if the other party is not yet late. Wait until the deadline passes. If the order includes a grace period, respect it. If the order allows payment on a certain date, verify that the funds cleared, not just sent. If your facts do not match the order terms, the notice may be rejected.

Legal Characteristics of the CTS3885 – Notice of Default – Mobile Home Site Matters

The notice itself does not create new obligations. It enforces an existing RTDRS order. It is legally effective because the original order authorizes a default process. The order sets the conditions and the consequences. The notice is a procedural step that proves the default. It triggers the consequences set in the order.

Enforceability flows from three things:

• A valid RTDRS order already exists. The order is within RTDRS authority for mobile home site matters.

• The order includes a clear default clause. The clause states what happens if a party fails to comply.

• You follow the notice procedure. That means accurate facts, proper service, and complete supporting proof.

When RTDRS accepts the notice, it may issue a follow-up confirmation or order. That follow-up reflects what the original order allowed by default. It could be a possession remedy, a monetary remedy, or authority to take steps as ordered. Once issued, you can enforce it through usual enforcement channels.

Service and proof are critical. You must show that the other party received the original order. You must show they failed to meet a condition by a set date. You must show that you served the notice as required. If the original order set a specific service method, follow it. If not, use a reliable method allowed by RTDRS practice.

You must provide evidence of default. For money, include a ledger, receipts, and bank records. For repairs or services, include photos, expert reports, or dated messages. For move-out or removal deadlines, include photos on or after the deadline. The facts must match the order’s words.

Timeliness matters. File the notice promptly after default. Some orders set a fixed window. Others require filing “after” the default without delay. If you wait too long, circumstances may change. The RTDRS may question whether the default still applies. The other party may cure the default late. The RTDRS will weigh the order terms and your proof.

Accuracy also matters. Misstating a default can lead to refusal or costs. If you claim non-payment, confirm your banking records. If you claim no repairs, confirm access was available if that was required. If you claim no move-out, check for partial compliance. Provide a clear timeline in your attachments.

The notice is a sworn or declared statement if the form includes a declaration. You must sign truthfully. If the form uses a commissioner section, you sign before a Commissioner for Oaths or Notary as required. False statements carry legal consequences. The RTDRS relies on your declaration to act without a new hearing.

The other party may dispute the default. They can respond if the RTDRS allows it under the order terms. They can also apply to vary or set aside if grounds exist. The RTDRS can review your notice and attachments. It can seek clarification. It can accept or reject your request based on the order and evidence.

In short, the notice is part of the enforcement chain. The original order is binding. The notice proves a breach of that order. Proper filing and service ensure it is acted on. If accepted, it produces enforceable outcomes consistent with the order.

How to Fill Out a CTS3885 – Notice of Default – Mobile Home Site Matters

Follow these steps. Read your original RTDRS order first. Keep it in front of you while you complete the form.

1) Confirm that the original order allows a default notice.

• Look for language that says what happens by default.
• Confirm the exact condition and the deadline.
• Confirm that the default remedy applies without a new hearing.

2) Identify the clause and deadline that were missed.

• Highlight the section number or paragraph in the order.
• Note the due date and time if specified.
• Prepare a short summary of what was required.

3) Gather your evidence of default.

• For missed payments, prepare a rent ledger and bank records.
• Include screenshots of online banking if needed.
• For missed repairs or services, take dated photos and gather messages.
• For move-out or removal deadlines, take photos on the due date and after.
• Keep your evidence clear and chronological.

4) Complete the form header.

• Enter the RTDRS file number exactly as it appears on the order.
• Enter the names of the parties as on the order.
• Use the same Applicant and Respondent naming as the order.
• Include the site address and site number for the mobile home park.
• Include the park name and municipality.

5) Identify your role.

• Check whether you are the Applicant or Respondent on the file.
• If you are a property manager, indicate the capacity.
• If you are counsel, include your firm and contact information.

6) Provide contact information.

• Put your mailing address, phone, and email.
• Make sure it matches what RTDRS has on file or explain changes.
• Use an email that you monitor daily.

7) Reference the original RTDRS order.

• State the order date and the Tenancy Dispute Officer’s name if shown.
• Attach a copy of the order as Exhibit A.
• Confirm whether the order was served and how.

8) Describe the default precisely.

• Quote or summarize the exact clause that was breached.
• State the due date and what did not occur.
• Keep it factual and neutral.
• Example: “Payment of $500 due May 5 was not received.”
• Example: “Water service not restored by June 15.”

9) State the remedy requested on default.

• Point to the part of the order that describes the remedy.
• Example: “Possession effective on filing of notice of default.”
• Example: “Judgment in the amount of $1,500 plus costs.”
• Do not ask for remedies not listed in the order.

10) List and label your attachments.

• Exhibit A: Copy of the RTDRS order.
• Exhibit B: Proof of service of the order, if relevant.
• Exhibit C: Evidence of default (ledger, bank records, photos, emails).
• Exhibit D: Any additional supporting documents.
• Put exhibit labels on each page’s footer or header if possible.

11) Complete the declaration section.

• If the form contains a declaration or affidavit, fill it in fully.
• Use your legal name and role in the matter.
• State that the facts are true to the best of your knowledge.
• If commissioning is required, sign before a Commissioner for Oaths.
• Bring government photo ID to the appointment.

12) Complete the service section.

• Indicate how you will serve the notice on the other party.
• Follow any service method required in the order.
• Acceptable methods often include personal service, email, or mail.
• If email was used before, confirm the same address is still used.
• Keep records of service, like delivery slips or email headers.

13) Sign and date the form.

• Use blue or black ink if signing on paper.
• If filing electronically, follow the signature instructions.
• Ensure the date aligns with the day you sign.

14) File the notice with the RTDRS.

• Submit the form and all exhibits together.
• Ensure scans are clear and legible.
• Pay any filing fee if applicable.
• Keep a full copy for your records.

15) Serve the other party.

• Serve the notice and exhibits promptly after filing.
• Use the method you described in the form.
• Complete an affidavit or declaration of service if required.
• Keep proof of service to file if the RTDRS requests it.

16) Monitor for RTDRS confirmation or next steps.

• The RTDRS may issue a confirmation or follow-up order.
• Watch your email for directions or requests for more information.
• Respond quickly to any RTDRS inquiries.

17) Prepare for enforcement after confirmation.

• If possession is granted, plan logistics with care.
• For mobile homes, confirm what the order allows you to do.
• Coordinate with civil enforcement if needed.
• For money judgments, consider collection steps.

Practical tips

• Keep sentences short and factual. Avoid argument.
• Use dates in the format the order uses.
• Double-check names, addresses, and the site number.
• Match the remedy request with the exact words of the order.
• Do not attach private financial data unrelated to the default.
• Redact account numbers except the last four digits.

Examples of strong evidence packages

• Payment default: A ledger showing all charges and payments. Bank statements or receipts showing no payment received by the due date. A copy of the payment plan schedule from the order. Any messages from the tenant about payment issues.

• Repair default: Dated photos before and after the deadline. Service requests sent before the deadline. Contractor reports or quotes. Emails where access was offered and not used. A timeline showing attempts to resolve.

• Move-out default: Photos of the site on the deadline day and the next day. A statement describing what remains on the site. Any notice you gave offering extra time, if relevant. Security gate logs, if applicable.

Common filing errors to avoid

• Requesting a remedy not in order. The RTDRS cannot grant that on this notice.

• Missing file number or wrong party names. This delays the review.

• Vague default description. Specify the clause, due date, and fact of non-compliance.

• No proof that the order was served if service was required. If the other party never got the order, default enforcement may fail.

• Incomplete declaration or unsigned commissioner section. If required, you must complete it correctly.

Service cautions

• If the order restricts email service, do not use email. Use personal service or another approved method.

• If the party has counsel, serve counsel unless directed otherwise.

• If the party moved, document attempts to locate the new address. Use the last known contact method and explain.

Timing cautions

• Do not file before the deadline passes. If the order says “by June 15,” file on June 16 or later.

• If the order sets a grace period, respect it. Note the last day of that period in your description.

• If payment is by e-transfer, confirm the deposit. Pending transfers can be canceled.

If you are the tenant filing against a landlord, the same rules apply. Point to the clause, prove the default, and request the listed remedy. For example, if the order sets a daily abatement for each day of lost service, provide a clear count. Attach a calendar and evidence of the ongoing outage.

If the original order is unclear by default, consider the next steps. You may need to request clarification or a new application. The notice cannot fix vague or missing default language. It only activates what the order already said.

Finally, keep communication professional. You may include a short cover letter that lists the documents. State that you filed a notice of default. State that you served it on the same day. Avoid accusatory language. Stick to dates, documents, and the text of the order.

Used correctly, the CTS3885 is straightforward. It shows the default. It links that default to the order’s stated consequence. It supports the request with clear documents. It informs the other party and the RTDRS. It enables fast, fair enforcement in mobile home site disputes.

Legal Terms You Might Encounter

• Notice of Default means the written notice you complete on CTS3885. You issue it when a tenant or landlord fails to meet a duty. The form tells the other party what went wrong and what must happen next.
• Default means the failure to follow the tenancy agreement or the law. Common defaults include unpaid rent, rule breaches, and damage. In this form, you describe the default in clear, specific terms.
• Cure or Remedy means how the default can be fixed. The form asks you to state what the other party must do. You might ask for payment, repairs, or compliance with rules. State the steps and the deadline to do them.
• Remedy Period means the time you give to fix the default. It must be reasonable and lawful. Your agreement or the law may set it. Write the exact date the remedy period ends. Avoid vague deadlines.
• Service means how you deliver the notice to the other party. The form expects you to say how and when you served it. Use a method allowed by your agreement or the law. Keep proof of delivery.
• Affidavit or Proof of Service means your sworn or written proof of delivery. It confirms who got the notice, how, and when. If you later file or rely on the notice, you may need this proof. Keep it with your records.
• Mobile Home Site means the rental site for a manufactured or mobile home. This notice deals with site tenancy duties. It focuses on rent for the site, site rules, and services to the site.
• Arrears means money that is overdue. Most often, it is unpaid rent or fees. If arrears exist, the form needs exact amounts and dates. Attach a rent ledger or receipts if you can.
• Breach means a specific violation of the agreement or rules. It can include unauthorized occupants, noise, or safety issues. In the form, describe the breach facts, not opinions. Dates, times, and witnesses help.
• Termination means ending the site tenancy. If the default is serious or not fixed, you may seek termination. The form can support a later request to end the tenancy. It shows you gave notice and a chance to fix issues.
• Compliance Order means a decision that directs someone to do or stop something. The notice can be a step toward asking for such an order. Clear details in this form help a decision-maker understand the case.
• Costs means fees that arise from the default. This can include late fees, utility charges, or repair costs. If you list costs, show amounts and dates. Attach receipts or estimates if available.
• Material Breach means a serious violation that affects the tenancy in a major way. Safety risks, substantial damage, or persistent non-payment can be material. Use this form to record the facts that show seriousness.
• Mitigation means steps to reduce harm or losses. Keep records of efforts to limit loss, like prompt repairs or payment plans. This supports fairness and reasonableness if you later seek remedies.

FAQs

Do you need to send this form before ending a mobile home site tenancy?

Often, yes. A written notice shows you flagged the problem and gave a chance to fix it. The form records dates, details, and the remedy period. This supports any next step you may take. Check your agreement for notice steps and timeframes.

Do you use CTS3885 for unpaid rent only?

No. You can use it for many purposes. Examples include late or missed rent, rule breaches, or damage. You can use it for repeated minor breaches, too. State the facts. State the remedy required.

Do you have to attach documents to this form?

The form itself can stand alone. Still, attachments strengthen your position. Include a rent ledger for arrears. Add photos for damage or rule breaches. Include emails or letters that show prior warnings. Label each attachment clearly.

Do you need to give the other party a chance to fix the default?

Usually, yes. The notice should include a clear remedy period. It should tell the other party exactly what to do. For example, “Pay $X by [date]” or “Remove debris by [date].” Use dates, not vague timeframes.

Do you serve one notice per tenant if there are multiple tenants?

If tenants are joint parties, serve each named tenant. This avoids disputes about notice. List all legal names on the form. Keep separate proof of service for each person served.

Do you need the site number and full address on the notice?

Yes. Identify the mobile home site clearly. Include the full civic address and site or pad number. This removes doubt about what tenancy the notice covers. If there is a community name, include it.

Do you still send the notice if you and the other party are talking?

Yes. The notice preserves your rights while you talk. It sets out the issue and a timeline. You can continue discussions after sending it. If you reach a deal, record it in writing.

Do you need a witness for service?

A witness helps if you serve in person. A courier or registered mail receipt helps too. For email or text, keep screenshots and logs. The key is to be able to prove delivery later.

Checklist: Before, During, and After the CTS3885 – Notice of Default – Mobile Home Site Matters

Before signing

• Identify the parties. Gather full legal names for each landlord and tenant.
• Confirm the site. Collect the full address and site or pad number.
• Review the agreement. Note key duties, rules, and any notice clauses.
• List the default issues. Write dates, times, and short facts.
• Calculate arrears. Prepare a rent ledger with amounts and due dates.
• Gather evidence. Print photos, texts, emails, and repair invoices.
• Confirm the remedy period. Check what your agreement or law expects.
• Decide on the remedy. Write the steps to fix the default in plain terms.
• Choose a service method. Plan a lawful and provable delivery.
• Prepare contact details. Confirm mailing and email addresses for service.

During signing

• Check party names. Make sure spellings match the agreement.
• Verify the site address. Include unit, lot, and pad number if used.
• Fill the default section. Use facts, not opinions. Include dates.
• State amounts clearly. List arrears and other costs with totals.
• Enter the remedy. Describe actions and a clear due date.
• Add attachments. Number each document. Reference them in the form.
• Confirm dates. Today’s date, remedy deadline, and any prior notices.
• Review signatures. The signatory should be authorized and legible.
• Complete service details. Leave space for time and method if serving later.
• Photocopy the signed form. Keep one clean original if possible.

After signing

• Serve the notice. Use the method you identified. Follow all rules.
• Record service. Note the date, time, location, and method.
• Complete proof of service. Prepare an affidavit or declaration if needed.
• File if required. Submit the notice and proof to the proper authority if needed.
• Calendar deadlines. Track the remedy date and any follow-up dates.
• Monitor compliance. Check if the other party cured the default.
• Document outcomes. Save receipts for payments or completed repairs.
• Prepare next steps. If not cured, consider your lawful options.
• Store records. Keep a full copy set in a secure folder.

Common Mistakes to Avoid CTS3885 – Notice of Default – Mobile Home Site Matters

Don’t forget to state a clear remedy deadline.

• Consequence: The other party may claim confusion. Enforcement may be delayed.

Don’t misidentify the parties or the site.

• Consequence: The notice can be challenged as invalid. You may need to re-serve.

Don’t use vague language about the default.

• Consequence: The facts are unclear. A decision-maker may give less weight to your notice.

Don’t skip proof of service.

• Consequence: You may fail to prove delivery. Your claim may stall or fail.

Don’t overstate amounts or include unproven fees.

• Consequence: You risk credibility issues. Some costs may be refused.

What to Do After Filling Out the Form CTS3885 – Notice of Default – Mobile Home Site Matters

Serve the notice promptly

• Deliver the notice using a permitted and reliable method.
• Aim for a method that provides clear proof of delivery.
• Record the date, time, and location of service.

Complete and keep proof of service

• Prepare an affidavit or declaration of service, if required.
• Attach postal or courier receipts, screenshots, or witness notes.
• Store the proof with your copy of the notice.

Track the remedy period

• Calendar the deadline you set in the notice.
• Send a polite reminder if the deadline approaches.
• Continue to gather evidence of any ongoing breach.

Monitor for cure

• If payment arrives, issue a receipt and update the ledger.
• If a repair is done, take photos and note the date.
• If rules are now followed, record compliance in writing.

Decide on next steps if not cured

• Review your agreement and any terms about next steps.
• Prepare your evidence file in an organized way.
• Consider whether you will seek termination or compliance.
• If you file an application elsewhere, include this notice and proof.

Handle partial payments or partial cures

• Record amounts received and dates.
• Confirm in writing what remains outstanding.
• Update your requested remedy to reflect changes.

Fix errors with an amended notice if needed

• If you find a material mistake, issue a corrected notice.
• Serve the corrected notice and keep proof of service.
• Reset deadlines only if required by rules or fairness.

Communicate in writing

• Keep emails or letters professional and brief.
• Confirm any agreements or extensions in writing.
• Avoid ambiguous or emotional language.

Store a complete record set

• Keep the signed notice, all attachments, and proof of service.
• Keep photos, logs, ledgers, and correspondence.
• Maintain both digital and paper copies if possible.

Plan for a hearing or decision, if required

• Prepare a timeline that ties all evidence to dates.
• Bring originals or legible copies of key documents.
• Be ready to explain what the notice asked for and why.

Reconcile and close the file if cured

• Confirm the cure in writing to the other party.
• Note that no further action is needed.
• Archive the file for future reference.

Update internal practices

• Review what led to the default.
• Consider changes to screening, communication, or timelines.
• Update your notice templates and checklists for next time.