S-2069               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5787

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senators Warnke and Smitherman)

Read first time 2/24/87.

AN ACT Relating to mobile homes; and adding new sections to chapter 59.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) A mobile-manufactured home located in a mobile home park is abandoned when:

          (a) There is a default on rental payments;

          (b) There is apparent physical abandonment of the premises;

          (c) The landlord gives written notice to a law enforcement officer that the landlord believes a mobile-manufactured home is abandoned, stating the reasons for that belief.  The law enforcement officer shall obtain the last known names and addresses of registered and legal owners of the mobile home as the names and addresses appear on the records of the department of licensing, and shall supply the information to the landlord without charge;

          (d) The landlord sends by first class and certified or registered mail, return receipt requested, a notice of intent to declare the abandonment of the tenancy and the mobile home to the last known address of the tenant, and registered owner of the mobile home, if different, and no reply is received within thirty days of the mailing of the notice.  This notice shall state that if no reply is received within thirty days from the date of mailing that the landlord shall determine the tenancy, mobile home, or any other property of the tenant abandoned and subject to sale; and

          (e) The landlord sends by first class and certified or registered mail, return receipt requested, notice to any secured party with a perfected security interest that an apparent abandonment has occurred, and that the mobile home or other personal property is subject to a declaration of abandonment and sale under the provisions of this section and section 2 of this act.

          (2) Removal of the mobile home by the tenant, together with default in rent, shall be sufficient to indicate a tenant's intention not to continue tenancy, unless the landlord has actual knowledge of the tenant's contrary intention.

NEW SECTION. Sec. 2.     When a mobile home in a mobile home park is abandoned as described in section 1 of this act, the landlord shall be a "lien holder" for the purposes of chapter 60.10 RCW.

          The landlord's lien under this section and chapter 60.10 RCW shall be for an amount equal to the rent due and owing at the time of sale of the mobile home, plus any amounts due under RCW 60.10.030(1)(a).

          The landlord's lien rights under this section and chapter 60.10 RCW shall be prior to those of secured parties for amounts due under RCW 60.10.030(1)(a) and for rents due and owing from the time of notice given as required by section 1(1)(e) of this act to the time of sale.  The landlord's lien rights under this section and chapter 60.10 RCW as to all other amounts, and for the purposes of repossession and sale, shall be junior to those of any first mortgage holder.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act are added to chapter 59.20 RCW.