[WSBARP] RCW 59.18 or RCW 59.20

Tue Nov 15 12:51:31 PST 2022

I have had this scenario come up before where RV was on a lot and used the non residential unlawful detainer statute and got the eviction had to have tow company come out and tow rv off the lot onto the street.

Bryce H. Dille
Dille Law, PLLC
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Olympia, WA 98502
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Lanza
Sent: Tuesday, November 15, 2022 12:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] RCW 59.18 or RCW 59.20

Perhaps this situation does not fit the original fact pattern that started this discussion, but I had a similar case in which the RV was parked on bare vacant land. Client wanted to sell the land, but I was hesitant to use a 90 day notice intent to sell based on the statute’s language.

RCW 59.18.650(2)(e): The tenant continues in possession after the owner elects to sell a single-family residence and the landlord has provided at least 90 days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated…”

RCW 59.18.030(32) A "single-family residence" is a structure maintained and used as a single dwelling unit.
RCW 59.18.030(10) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household.

In my case, the client was electing to sell raw land that had no structures on it.

Furthermore, the RV is not a structure, it is a vehicle. Finally, even if the RV could be construed as a dwelling unit, the client usually isn’t selling the RV itself, so they are not selling the “dwelling unit.”

I ended up finding a different direction to go in my case, as I had trepidation that the NWJP attorneys were going to make some semantics argument that selling a piece of vacant land does not fall within the exception created by RCW 59.18.650(2)(e) because it does not involve the sale of a “structure.”

I think if the land has a single family residence on it, and the RV is parked on the same lot as a single family residence, my concerns would be quelled.

Has anyone encountered that argument? Am I being a little to paranoid with this narrow reading of the statute?

Eric J. Lanza, J.D.

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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 Tom Lee
Sent: Tuesday, November 15, 2022 12:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] RCW 59.18 or RCW 59.20

I would do a 90-day; while drafting, I would cite RCW 59.18.650(2)(e), and refresh yourself on 2(e):

(e) The tenant continues in possession after the owner elects to sell a single-family residence and the landlord has provided at least 90 days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price by listing it on the real estate multiple listing service. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
(i) Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service; or
(ii) Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit;

On Tue, Nov 15, 2022 at 10:59 AM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates:

Person leases a vacant lot on which they have their RV.  There is no power, septic or known water source.  Property is for sale and owner wants RV gone.  90 day notice to vacate (intent to sell) under RCW 59.18?  There is  only one RV space so technically its not a manufactured home park.  But I have seen stranger things.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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