[WSBARP] Mobile Home Park Eviction Gurus

[Craig Gourley]

I think you are correct,  I have always mediated the non monetary violations in my personal parks.  I don't have any cites but that the way I have been doing it.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Tuesday, November 19, 2019 2:27:18 PM
To: wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Mobile Home Park Eviction Gurus


Listmates, in reading the 13 grounds for an eviction under the WA Mobile Home law (as recently revised), the first ground in RCW 59.20.080(1)(a) refers to a violation of a "park rule" AND, under RCW 59.20.080(2), an eviction under subsection (1)(a) requires mediation.  So, I have a situation with a nonmonetary violation of a lease provision.  So where does a nonmonetary lease violation enter the picture?  RCW 59.20.080(1)(h) says:  "If the landlord serves a tenant three twenty-day notices, each of which was valid under (a) of this subsection at the time of service, within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or an enforceable park rule, other than failure to pay rent by the due date. The applicable twelve-month period shall commence on the date of the first violation."  So, while subsection (1)(a) seems to only address "substantial violation" of a park rule, subsection (1)(h) seems to lump "failure to comply" with a lease term into subsection (1)(a) as though it was a "park rule."  I am not finding any reported WA cases on this.  Is the net effect of all of this mean that ALL nonmonetary provisions of a written lease are deemed to be "park rules" and thereby, ALL nonmonetary lease violations require mediation (assuming none of the other 12 grounds apply)?  Thanks for your input.




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191119/82a4918b/attachment.html>