[WSBARP] Mobile home eviction under 59.12

Thu Mar 18 10:16:53 PDT 2021

IMHO, really depends on the location of the tenant because WA law says the superior court in that county has jurisdiction.  Since a court appearance is generally required (and usually multiple appearances) and there are eviction-mills that keep the cost down, it doesn't make a lot of sense (client money-wise) for an attorney to travel to another county for a UD.  Of course, this doesn't apply to multi-county law firms or law firms that routinely practice in another county.  It would make sense for the attorney to appear because the attorney would be there anyway and the client could split the court appearance costs with another (but unrelated) client.

That said, I occasionally see out-of-county attorneys in the local superior court doing a UD but I always assumed that was because the attorney wanted to have fish and chips and a Red Parrot Ale at Toby's Tavern in teeming downtown Coupeville.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, March 17, 2021 4:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Mobile home eviction under 59.12

Who are the 'go to' lawyers regarding commercial evictions?

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, March 17, 2021 3:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Mobile home eviction under 59.12

Well, kinda yes and kinda no.  The moratorium states that "Any eviction or termination of tenancy notice served under one of the above exceptions must independently comply with all applicable requirements under Washington law, and nothing in the paragraph waives those requirements."  This would imply that the 20-day notice must be given independently.    But, like you, I combine the Notices.  To avoid the argument with a savvy tenant that my 60-day notice complies with the 20-day "requirements" also (and knowing how lightly the judges are treading in this area),  I give a "Combined 20-Day and 60-Day Notice" to make it abundantly clear to the judge that my combined notice satisfies the moratorium's 60-day notice AND the notices required under RCW 59.12.030.

I think we are saying the same thing.  I was concerned when the original poster stated that he gave a 60-day notice of intent to sell but did not mention any other notice.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, March 17, 2021 2:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Mobile home eviction under 59.12

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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.12.040&data=04%7C01%7C%7C173ef4564c7942b1ebff08d8e999fe9e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637516194891891706%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=pHCCp2tTWjNlJVQqWS4VPB4dEo1vCs6LMsW13%2FuitVU%3D&reserved=0> 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<mailto: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
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> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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