[WSBARP] RCW 59.18 or RCW 59.20

Fri Nov 18 11:49:53 PST 2022

I think it could, but mostly I don’t want to have to be on the ULD calendar
if I can just do an ejectment and most likely end up with a default
judgment and writ on ex parte. We keep finding the ULD calendar to be a
total crap shoot. I’m all ears however.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Bryce Dille
*Sent:* Friday, November 18, 2022 11:32 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] RCW 59.18 or RCW 59.20

Why wouldn’t it come under RCW 59.12 since RVs aren’t covered under RCW
59.18

Bryce H. Dille

Dille Law, PLLC

2010 Caton Way SW Ste. 101

Olympia, WA 98502

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Tom Westbrook
*Sent:* Friday, November 18, 2022 11:14 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] RCW 59.18 or RCW 59.20

Hey Eric,

Just took on a new client with almost exactly what you were talking about
below. Client is PR for landowner that owned and lived in the only
structure on the property, but he had multiple RV lots that he rented out
while he was alive. Two of the RV owners that were renting lots are behind
in rent and PR wants them out. And, they want to sell the property. Is this
an ejectment or LLT relationship under 59.18? This is in Thurston County so
subject to vagaries of Commissioner Zinn and a very active NWJP as you know.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com

COVID POLICY:

*Our firm continues to follow guidance from the CDC and Governor Inslee’s
office regarding social distancing and the wearing of face coverings, and
we encourage the public and our clients to do the same.  Our staff is still
working remotely much of the time so electronic communication by phone and
email continues to be encouraged.  We appreciate your patience and
understanding.*

*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.

*From:* wsbarp-bounces at lists.wsbarppt.com <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>
*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> 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*
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

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