[WSBARP] Mobile home eviction under 59.12

Wed Mar 17 14:40:27 PDT 2021

I don't think you need to give a 20 day and a 60 day notice so long as in
your 60 day notice to terminate you:

1.  cite to RCW 59.12.030(2);
2. Cite Proclamation 20-19.4 et seq,
3. Specifically state the owner intends to sell the Property; and
4. Have the owner sign it in the form of an affidavit (under penalty of
perjury and all that jazz).

The reason I don't think you need to do a 20 day AND 60 day is because RCW
59.12.030(2) states that a "tenant of real property for a term less than
life is liable for unlawful detainer...[w]hen he or she, having leased
property for an indefinite time with monthly or other periodic rent
reserved, continues in possession thereof, in person or by subtenant, after
the end of any such month or period, *when the landlord, more than twenty
days prior to the end of such month or period, *has* served notice* (in
manner in RCW 59.12.040
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.040> provided) *requiring
him or her to quit the premises* at the expiration of such month or period."

So, in essence, so long as the tenancy is month-to-month, you just have to
give a minimum of 20 days' notice to quit the premises which expires at the
end of a monthly rental period. So, if your 60 day notice in compliance
with the Proclamation meets those minimum requirements, you can kill two
birds with 1 stone.

However, if the city in which the property is located does not allow for
terminations with as few as 20 days' notice, then you have to meet those
requirements (i.e. 60 or 90 days in some cities like Tacoma, Federal Way,
Burien, etc.).

This is just my opinion. In this day in age, Commissioners can be all over
the place but I have not had problems with my notices in this manner.

On Wed, Mar 17, 2021 at 2:22 PM Scott Russon <scott at yatesmarshall.com>
wrote:

> RCW 59.18 applies if the landlord owns the mobile home and the land on
> which the mobile home resides, and is renting the mobile home to a tenant.
> RCW 59.20 applies when the tenant owns the mobile home and is merely the
> renting the land (space) on which the mobile home resides.  Since PC owns
> the land and mobile home, you would fall under RCW 59.18.
>
>
>
> Sincerely yours,
>
>
>
> SCOTT E. RUSSON
>
> Attorney at Law
>
>
>
> Yates Marshall, PLLC
>
> 10000 N.E. 7th Avenue, Suite 200
>
> Vancouver, WA 98685
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Timothy Lehr
> *Sent:* Wednesday, March 17, 2021 1:47 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Mobile home eviction under 59.12
>
>
>
> Colleagues,
>
>
>
> PC owns a mobile home that is located on his own private property (his
> residence is on the same property). PC owns the mobile home and rented it
> out a year or so ago. This doesn’t involve a mobile home park or community.
> PC wants to pursue eviction of the occupant of the mobile because he is
> selling it. 60 day notice of intent to sell and affidavit of property owner
> were properly served a couple months ago. We also have a signed purchase
> agreement for the mobile.
>
>
>
> I want to make sure I’m not missing anything here – I plan to file a
> residential eviction (just like an apartment or house), since this isn’t a
> mobile home park or community. Doesn’t this just fall under RCW 59.12 or
> there any further considerations I should know about since it’s a mobile?
>
>
>
> Thanks in advance,
>
> Tim
>
>
>
> *Timothy C. Lehr*
>
> Attorney at Law
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
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