SENATE BILL REPORT

SB 5465

BYSenators Moore and Lee

Adding provisions on mobile home abandonment and landlord liens.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 21, 1989

Senate Staff:David Cheal (786-7576)

AS OF FEBRUARY 20, 1989

BACKGROUND:

Mobile homes are sometimes abandoned by owners in mobile home parks.  This creates a problem for the mobile home park owner because the rights with respect to that property are unclear.  There may be a mortgage on the mobile home and the rights of the mortgage holder have to be taken into account.  Meanwhile, the rent is not being paid and the revenue from that park space is lost.  The mobile home may also deteriorate rapidly and the park owner has the choice of watching an eyesore develop in the park or spending further resources to maintain it.

SUMMARY:

The conditions constituting abandonment are described.  There must be a default in rent payments; there must be an apparent physical abandonment; the landlord must have sent a written notice by certified or registered mail to the last known address of the tenant or registered owner of the mobile home and have received no written reply within 30 days of the mailing of the notice.  The notice must state the consequences of failing to reply within 30 days which are that the mobile home and other property of the tenant will be subject to sale.  The landlord must also send a notice by certified or registered mail to any party with a perfected security interest that an apparent abandonment has occurred.

When an abandonment has occurred, the park owner becomes a lien holder under the personal property lien law.  The owner may claim the amount of rent due at the time of the sale of the mobile home, costs incurred in moving and selling the mobile home, and other expenses listed in RCW 60.10.030(1)a, which include a reasonable attorney's fee.  The park owner may claim for any other reasonable expenses incurred.

The landlord's lien rights are made prior to any party secured or otherwise. 

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested