[WSBARP] Reality Check - UD at a Mobile Home Park

[Christopher Thayer]

Contact attorney Walt Olsen in Kent - he represents a lot of parks and is going to be quite familiar with these issues.

Christopher L. Thayer
Managing Partner
PIVOTAL LAW GROUP, PLLC
More about me and my practice: www.PivotalLawGroup.com/Team/Thayer/<http://www.pivotallawgroup.com/Team/Thayer/>
Email: CThayer at PivotalLawGroup.com<mailto:CThayer at PivotalLawGroup.com>
Tel (206) 340-2008/Dir (206) 805-1494/fax (206) 340-1962




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, January 08, 2015 9:43 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Reality Check - UD at a Mobile Home Park

Anyone have any input on this?  I've had two attorneys contact me off list asking for responses, of which there are none.

Mobile Home Park Gurus:  What are the LL remedies after an unlawful detainer action and the tenant hasn't moved the mobile home by the time the sheriff is supposed to come?  Any case law?  (I can't find any)  Is the mobile home then deemed "abandoned" and the LL proceeds under those statutes?

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, January 5, 2015 10:55 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Reality Check - UD at a Mobile Home Park

I am evicting from a mobile home park a tenant who owns the mobile home.  I have already obtained a default judgment and the Writ. (Straight Chapter 59.20 except for those sections in 59.12 and 59.18 brought in by 59.20.040.)


1.      The local friendly Sheriff just sent a form letter to the tenant informing the tenant of the Writ and quoted 59.18.312 law about LL storage of T's personal property.  I called the Sheriff's office and asked "what gives?,  this eviction is under 59.20 as a mobile home, not 59.18  under WA Residential LL/T law.  59.18.312 has absolutely no application in this eviction.  I don't want my LL to think it has to follow this law and I certainly don't want the T (or the Deputy Sheriff who will be there on the day of the eviction) to think that the LL has to follow 59.18.312"   The Sheriff's answer was that they are still required "by law" to give the notice and this is part of their "form letter."  Are they correct?

2.      After much review, it seems to me that, if T leaves the mobile home in place, LL's only remedy regarding removal of the mobile home and all of its contents is to follow the LL lien process.  Is this correct?

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150108/e60e6b8d/attachment.html>