[WSBARP] Eviction Moratorium + Death of Tenant

Wed Feb 10 12:26:54 PST 2021

Thanks for the responses.  I will contact the Dept of Licensing about what they will require to transfer title in this circumstance.  There just has to be an abandonment process to transfer title.  I don’t know how many years it would take to wait for a tax sale, meanwhile client would not be able to rent the space.  Another suggestion was opening a probate as a creditor, which may be the route to go if I can’t find another way.

--Scott

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, February 9, 2021 4:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction Moratorium + Death of Tenant

I don't think that this RCW will resolve the issues with title to the mobile home which will pop up when the owner of the property tries to sell it.
I read somewhere that the County will end up conducting a tax sale on the mobile home when the taxes are not paid and that this could be resolved if the owner of the land simply buys the mobile home at the tax sale.

On Tue, Feb 9, 2021 at 4:40 PM Scott Russon <scott at yatesmarshall.com<mailto:scott at yatesmarshall.com>> wrote:
Client has a mobile home space tenant who lived alone and passed away (no one else lived with the tenant).  Despite efforts by client, no one wants to deal with the personal property left behind (including the mobile home and a truck that are both in the tenant’s name), and its clear no probate will be opened.  Has anyone used RCW 59.18.595 for a mobile home tenant?  There is no equivalent under the mobile home statute, and this seems to be a way to provide due process in the mobile home context.  Also, the statute requires a statement that the tenancy will terminate after a 15-day notice.  So would this be included under the eviction moratorium, prohibiting us from sending this notice?  No one would be thrown out of their home, and I can’t imagine the moratorium intended to include this situation.  Any thoughts or experience with this would be welcome!

RCW 59.18.595<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.595>
Death of a tenant—Landlord duties—Disposition of property procedures—Liability.
(1) In the event of the death of a tenant who is the sole occupant of the dwelling unit:
(a) The landlord, upon learning of the death of the tenant, shall promptly mail or personally deliver written notice to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW 11.62.005<http://app.leg.wa.gov/RCW/default.aspx?cite=11.62.005>, and to the deceased tenant at the address of the dwelling unit. If the landlord knows of any address used for the receipt of electronic communications, the landlord shall email the notice to that address as well. The notice must include:
(i) The name of the deceased tenant and address of the dwelling unit;
(ii) The approximate date of the deceased tenant's death;
(iii) The rental amount and date through which rent is paid;
(iv) A statement that the tenancy will terminate fifteen days from the date the notice is mailed or personally delivered or the date through which rent is paid, whichever comes later, unless during that time period a tenant representative makes arrangements with the landlord to pay rent in advance for no more than sixty days from the date of the tenant's death to allow a tenant representative to arrange for orderly removal of the tenant's property. At the end of the period for which the rent has been paid pursuant to this subsection, the tenancy ends;
(v) A statement that failure to remove the tenant's property before the tenancy is terminated or ends as provided in (a)(iv) of this subsection will allow the landlord to enter the dwelling unit and take possession of any property found on the premises, store it in a reasonably secure place, and charge the actual or reasonable costs, whichever is less, of drayage and storage of the property, and after service of a second notice sell or dispose of the property as provided in subsection (3) of this section

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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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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