[WSBARP] mobile home LLT question

[Rod Harmon]

Mobile home landlord tenant law is not my area, so I would appreciate
insight from those who know it better.  Tenant has been served with an
Unlawful Detainer S&C on the basis of nonpayment of rent.

Landlord and tenant signed a month-to-month lease that calls for payment by
the tenant of monthly rent and provides that the landlord shall pay for the
water, sewer and garbage service. Under RCW 59.20.090(1), the rental
agreement renews automatically. 

Subsequently, the landlord gave the tenant a written notice that there would
be no rent increase for 2013 but that, commencing 90 days later, the tenant
would be obligated to pay for the water, sewer and garbage for their own
mobile home.  The landlord had all of the mobile homes in the park
separately metered and employed a private metering company to bill the
tenants.  The landlord then circulated written Rules and Regulations that
included a rule that stated that water and sewer charges are now the
responsibility of the individual mobile home owners and that they would be
separately billed by a private company.  The tenant signed the Rules and
Regulations just below a statement that the tenant agreed to comply with
them.

Later, the tenant refused to pay the utilities on the ground that, under the
rental agreement, it was the obligation of the landlord, not the tenant.

It seems to me that the tenant is right because of this provision in the MH
Landlord-Tenant Act, "Rules are enforceable against a tenant only if: . (4)
They are not for the purpose of evading an obligation of the landlord." RCW
59.20.045(4).  It appears to me that the landlord is trying to use the rule
to evade his obligation under the rental agreement to pay the utilities, so
the rule is not enforceable.  The landlord appears to believe he has amended
the rental agreement by getting the tenant to sign the rules.  I think RCW
59.20.045(4) prevents him from doing that.

Again, this is not my area, and I would very much appreciate the opinion of
those who do practice in it.

 

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

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

   rodharmon at msn.com <mailto:rodharmon at msn.com> 

 

 

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