[WSBAPT] Marine condo eviction

Sat Jan 24 14:08:40 PST 2015

Neli,

I suspect that the HOA has had some experience in evicting boat owners who haven’t paid the rent.

Howard Herman

Herman Herman & Jolley PS

509.220.5810

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Saturday, January 24, 2015 9:28 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Marine condo eviction

Boats are subject to maritime law when on public waterways.  I am not sure that any state law applies.  It’s probably federal statutes and maritime common law.

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com <http://www.hawkeslawfirm.com> 

206 367 5000

Fax is 206 367 4005

From: hhherman2 [mailto:hhherman2 at comcast.net] 
Sent: Saturday, January 24, 2015 8:19 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Marine condo eviction

Neli,

When the sheriff comes to evict in an unlawful detainer action, he merely stands by to keep the peace while you remove the personal property to the nearest public sidewalk and take possession of the premises. I am not sure how this would work out with a Marine condo. You would most likely wind up with a boat on your hands that you could drive or tow to a public moorage of some kind. A writ of restitution would not allow the sheriff to levy on the boat as in an execution of a judgment.

Good luck!

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] On Behalf Of Neli Espe
Sent: Friday, January 23, 2015 6:52 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Marine condo eviction

Dear List-Mates,

Thank you for your valuable input. And, yes, Howard, you are spot on, a marine condo is categorized as “real estate” and is, basically, the water column from the bottom of the bay to the surface in a marina, which, together with other such moorage slips, is governed by an association. 

Just like the commonly known condominiums, the marine ones are created under the Horizontal Regimes Act, RCW 64.32, which defines “apartment” as "a part of the property intended for any type of independent use, including one or more rooms in a building, or if not in a building, a separately delineated place of storage or moorage of a boat, plane, or motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or motor vehicle, the operation of any industry or business, or for any other use not prohibited by law, and which has a direct exit to a public street or highway, or to a common area leading to such street or highway. RCW 64.32.010(1).

The situation here is similar to a mobile home park owner renting space to tenants who would park their mobile home in the space and live there, only the definitions in RCW 59.20, the Manufactured/Mobile Home Landlord-Tenant Act would not allow you to proceed on that analogy, as Paul Neumiller aptly pointed out.

Based on the process of elimination, I also got to RCW 59.12 with a 5-day notice and a show cause hearing, but the maritime law basis to seize a vessel for unpaid moorage charges sounds so tempting. I will research this further, especially because the landlord assured me today that the tenants are so desperate and high on drugs that they will likely stay until the last possible moment. 

I wonder what the sheriff will say when asked to come for the eviction . . .

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> 

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On Jan 23, 2015, at 6:04 PM, hhherman2 <hhherman2 at comcast.net <mailto:hhherman2 at comcast.net> > wrote:

Neli,  

Is there any written agreement between you and the boat owner. If there is a lease, there must be a landlord and a tenant. The lease must have the names of the parties. If it does, under RCW 59.12.030 I would try a 5 day notice (instead of 3) to pay rent or vacate whatever it is you own. (Marine condo) Google doesn’t know what that is and I don’t either, but is sounds like real property. If it comes to an unlawful detainer action you would have to describe yourself as being the owner and state what the rent is and that the tenant has failed to pay the rent after service of the 5 day notice to pay rent or vacate. You would want to serve an RCW 59.18.375 notice along with the summons and complaint and show cause order. The notice requires the tenant to pay the rent into the Clerk’s office or state under oath that there is no rent due and give the reason. If he fails to do that, he is not entitled be heard at the show cause hearing, and you win by default. Then you can take your default judgment and execute on his boat. All of this is going to be expensive and time consuming so sometimes it is less expensive to pay the guy to leave.

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] On Behalf Of Neli Espe
Sent: Friday, January 23, 2015 5:02 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Marine condo eviction

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:  <http://www.olympiclegal.com/> www.olympiclegal.com |  <mailto:neli at olympiclegal.com> neli at olympiclegal.com

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On Jan 23, 2015, at 4:43 PM, hhherman2 < <mailto:hhherman2 at comcast.net> 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:  <mailto:wsbapt-bounces at lists.wsbarppt.com> 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
 <mailto:bdille at bgwp.net> bdille at bgwp.net     <http://www.bgwp.net/> www.bgwp.net

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From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> 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:  <mailto:wsbapt-bounces at lists.wsbarppt.com> 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:  <http://www.olympiclegal.com/> www.olympiclegal.com |  <mailto:neli at olympiclegal.com> neli at olympiclegal.com

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