[WSBARP] [SPAM] Re: Mobile Home Park Eviction Gurus

[Scott Russon]

I have also advised my parks to include an offer of mediation for each 20 day notice served under RCW 59.20.080(1)(a).  However, I do not believe subsection (1)(h) requires mediation to evict.

Sincerely yours,

SCOTT E. RUSSON
Attorney at Law

Yates Marshall, PLLC
10000 N.E. 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax:    (360) 449-6111

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Tuesday, November 19, 2019 11:32 AM
To: WSBA Real Property Listserv
Subject: [SPAM] Re: [WSBARP] Mobile Home Park Eviction Gurus

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.
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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.




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