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Mobile home, mobile rent
Q: If you live in a mobile home park and you sell it, does the owner/landlord of the land have the right to increase the rent to the new owner? Also, every year there is an increase in rent and on top of this, we pay municipal taxes. Is this legal? When paying rent, should a portion of the rent be used for those taxes? Is this not double-dipping? G.T. A: When you sell your mobile home, you will need the landlord's consent to transfer the ground lease. If there is an existing, lease then the new owner benefits from the current rate. If there are rent escalation clauses in the lease, the new owner is also bound by those rates. At the end of the lease, the landlord has the right to increase the rent. As to taxes, that is a separate amount due and it is not double-dipping unless the lease states that the rent includes all taxes. Q: My question concerns estate taxes. I am single and would like to know what taxes my heirs would pay on their inheritance. I am concerned about property and investments. F.M. A: This is really a question for your accountant to answer after a review of your personal situation. This is essential for proper estate planning. In general there is a requirement for your executor to file what is called a terminal tax return covering the time up to the date of death. Principal residences are not taxed as there is a capital gains exemption for one's home. There may be capital gains taxes on some of your investments. Life insurance is also exempt from tax. LegalSpeak: Taxes are defined as a "pecuniary burden laid upon individuals or property to support the government." This definition does not absolve you if you did not vote for the party in power. That argument has been tried and lost. The definition goes on to say that taxes are "a compensation paid to government for annual protection." Taxes are also known in law as "tolls, tribute, tallage, gabel, impost, duty, custom, excise, subsidy, aid or supply." In a sense, the amount your kids demand as an allowance is a tax. "No, son, you may not have the car, nor will I give you gabel this week." Les Vandor is an Ottawa lawyer, author and broadcaster. Send your questions to him at lesvandor@xplornet.com. These answers serve as a guide and you are encouraged to consult a lawyer. We regret that not all questions can be answered. http://www.canada.com/ottawacitizen/news/homes/story.html |
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