[WSBARP] mobile home LLT question

[Rod Harmon]

What is the advantage of filing a declaration of homestead?

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

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

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

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Tuesday, January 5, 2016 2:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] mobile home LLT question

 

Not my area either, but where is the consideration for amending the rental agreement?  And by the way, tenant should probably consider filing a declaration of homestead, and file a copy in the UD case.

On January 5, 2016 at 1:06 PM Rod Harmon <rodharmon at msn.com <mailto:rodharmon at msn.com> > wrote:

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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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
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www.scottgthomaslaw.com <http://www.scottgthomaslaw.com> 

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