[WSBARP] RV Park Eviction
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Wed Feb 16 13:50:16 PST 2022
I don't think the AG's opinion is the end all in this scenario. However, I
think that if the Camp has allowed owners to use the property as a
residence for that long, then it's not really a camp for those particular
people (anymore). Similar to the circumstance where an owner of a short
term residential rental property (STR) lets people remain in the residence
for 30 days or more - now it's not a STR but is now subject to the RLTA.
That being said, if these were the only individuals staying that long, then
I'm not sure I buy the AG's position that the entire property's use is now
subject to 59.20. Rather, just these individuals' space might be. So you
COULD argue that if this is the only space that has been used for a year or
more in this way, that it does not qualify as a "Mobile Home Park" under
RCW 59.20 because "Mobile home park,"... is defined by RCW 59.20.030(14)
and is rented or held out for rent to others for the placement of *two or
more mobile homes*, manufactured homes, or park models for the primary
purpose of production of income, *except where such real property is rented
or held out for rent for seasonal recreational purpose only and is not
intended for year-round occupancy..."*
I have always struggled with this idea that the MLTA would include RVs
which can just be driven away without all the effort of costs of moving a
manufactured home.
Kaitlyn
On Wed, Feb 16, 2022 at 1:28 PM <Jeff at bellanddavispllc.com> wrote:
> A camp is intended to be truly short term. A few days, weeks. Here, of
> course, the clients allow the RV’s to stay for months. Usually no one
> stays that long as these are intended to be vacation destinations. Which
> law applies, in some cases, depends on how long the camp/park allow people
> to stay. I have seen some limit stays to no more than three months, or
> even six months; but then requires the RV’s to be moved. If the AG is
> involved, to them its fatal to allow an RV stay more than a year; even if
> it can start up and move, the AG will consider the RV camp to now be a
> manufactured home community.
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Wednesday, February 16, 2022 1:19 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] RV Park Eviction
>
>
>
> What's the difference between a "Camp" and a "Park"?
>
>
>
> On Wed, Feb 16, 2022 at 11:47 AM <Jeff at bellanddavispllc.com> wrote:
>
> Listmates,
>
>
>
> Clients own a true RV Camp, not a manufactured home Park. Several
> tenants, paying monthly, have stop paying rent. I believe these evictions
> fall under either RCW 59.18 or RCW 59.12; however, RCW 59.20 has some
> references to both prior statutes (see RCW 59.20.040). I ran into a
> situation where the WA AG took the position if RV parks allowed people to
> stay for more than a year, they are governed by RCW 59.20. I want to avoid
> 59.20 and would much rather use 59.12 and/ 59.18 (even with all the
> changes). What do you think?
>
>
>
> Jeff davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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> 360.683.1129.
>
>
>
>
>
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>
>
>
> Kaitlyn R. Jackson, Attorney
>
> Dimension Law Group, PLLC
>
> *Office:* 206-973-3500│*Fax:* 206-577-5090
>
> *Email: **kaitlyn at dimensionlaw.com <http://dimensionlaw.com/>*
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Thank you,
Kaitlyn R. Jackson, Attorney
Dimension Law Group, PLLC
*Office:* 206-973-3500│*Fax:* 206-577-5090
*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*
*www.dimensionlaw.com <http://www.dimensionlaw.com/>*
130 Andover Park East, Suite 300, Tukwila, WA 98188
*Please note our office is closed November 24th through November 26th and
December 24th through January 2nd. *
PRIVILEGED AND CONFIDENTIAL: This email (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this email is prohibited. If you have received
this email in error, please immediately notify us by email, facsimile, or
telephone; return the email to us at the email address below; and destroy
all paper and electronic copies.
*Please note that I will be going on leave starting November 15, 2021
through April 1, 2022, and will not have access to phone or email. Please
email Info at Dimensionlaw.com to receive assistance.*
--
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies. Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm’s client(s) or its agents. IRS CIRCULAR 230
DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
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