[WSBAPT] Marine condo eviction

[Neli Espe]

Dear Howard,

The sketchy lease states that the marine condo owner leases the condo unit to the boat owner for a term of one year at a specified monthly rent. Then, the same clause recites that if rent is not timely paid, the lease can be terminated upon 5-day notice. 

The condo is part of a marine condo association/marina and the association has "live aboard" rules. So, the association gave permission for the boat owner to live in his boat, moored in the marine condo/marina slip.

As of last week, the association has rescinded its “live aboard” permission because the tenant has proved to be very rowdy.


Best regards,

Neli

__________________________________________________________________________
Neli Espe| Olympic Legal Services, P.S. | Your Skagit Business and Estate Counsel 
Business Counsel * Real Property * Estate Planning * Probate
tel: 360.630.3635 | web: www.olympiclegal.com | neli at olympiclegal.com
Required e-mail disclaimer: http://bitly.com/1FUy3fg <http://bitly.com/1FUy3fg>








> On Jan 23, 2015, at 4:43 PM, hhherman2 <hhherman2 at comcast.net> wrote:
> 
> Does the lease create a landlord/tenant relationship, and what does the 5 day notice relate to?
>  
> Howard Herman
> Herman Herman & Jolley PS
> 509.220.5810
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Brent Dille
> Sent: Friday, January 23, 2015 1:07 PM
> To: 'WSBA Probate & Trust Listserv'
> Subject: Re: [WSBAPT] Marine condo eviction
>  
> 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> [mailto: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 <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
> tel: 360.630.3635 | web: www.olympiclegal.com <http://www.olympiclegal.com/> | neli at olympiclegal.com <mailto:neli at olympiclegal.com>
> Required e-mail disclaimer: http://bitly.com/1FUy3fg <http://bitly.com/1FUy3fg>
>  
>  
>  
>  
>  
>  
> 
>  
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