[WSBAPT] Marine condo eviction

[Brent Dille]

I believe your client falls under maritime law wherein your client would have a right to seize/arrest the vessel and sell it at auction for unpaid moorage charges.



Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington  98502
Phone: (360) 357-2852     Fax: (360) 786-6943
bdille at bgwp.net<mailto:bdille at bgwp.net>    www.bgwp.net<http://www.bgwp.net/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, January 23, 2015 11:58 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Marine condo eviction

Well, I’d say yes out of elimination of the options because it’s a residential use (and therefore not commercial) but the marine condo is only one unit and therefore doesn’t fall into the definition of a mobile home/manufactured home park.  See the definition section of RCW 59.18.030(10) which requires that a mobile home park must have two or more lots to be considered a mobile home park.  The point being that while a house boat may fall within the definition of a mobile home (by accident?), the marine condo space doesn’t fall within the definition of  mobile home park.  Good luck.  Interesting question and I’d be interested in other’s thoughts.



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe
Sent: Thursday, January 22, 2015 3:50 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Marine condo eviction

Listmates,

PC has leased his marine condo to a boat owner who lives on the boat with the permission of the marine condo association. No rent has been paid for a few months, now PC wants to evict tenant. Lease is “barebones" and provides only for a 5-day notice.

Would the Residential Landlord Tenant Act apply? It seems quite a stretch, but the definition of “dwelling unit” could be interpreted to cover the marine condo.

Best regards,

Neli

__________________________________________________________________________
Neli Espe| Olympic Legal Services, P.S. | Your Skagit Business and Estate Counsel
Business Counsel * Real Property * Estate Planning * Probate
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