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AN ACT Relating to landlord and tenant relationships; amending RCW 7.75.030, 59.18.390, 59.20.040, 59.20.045, 59.20.080, 59.20.090, 59.20.140, 59.20.130, and 59.23.025; adding new sections to chapter 59.20 RCW; repealing RCW 59.22.090; and prescribing penalties.

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

Sec. 1. RCW 7.75.030 and 1984 c 258 s 503 are each amended to read as follows:

A dispute resolution center established under this chapter shall provide dispute resolution services either without charge to the participants or for a fee which is based on the participant's ability to pay. However, for any services provided under chapter 59.18 or 59.20 RCW, if a fee is charged, it shall be paid equally by the persons being rendered the services, unless otherwise agreed to by the persons.

Sec. 2. RCW 59.18.390 and 1989 c 342 s 11 are each amended to read as follows:

The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, and the defendant, or person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of the court in such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that they will pay to the plaintiff such sum as the plaintiff may recover for the use and occupation of the ((~~said~~)) premises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying or keeping possession of ((~~said~~)) the premises, together with all damages which the court theretofore has awarded to the plaintiff as provided in this chapter, and also all the costs of the action. The plaintiff, his or her agent or attorneys, shall have notice of the time and place where the court or judge thereof shall fix the amount of the defendant's bond, and shall have notice and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon ((~~said~~)) the bond before ((~~said~~)) the bond shall be approved by the clerk. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant, the defendant, nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he or she shall be unable to find the defendant, an agent or attorney, or a person in possession of the premises, by affixing a copy of ((~~said~~)) the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ under this chapter or under chapter 59.20 RCW, to specifically include not requiring a bond for service and execution of the writ to remove a mobile home, a mobile home tenant, or any personal property of the mobile home tenant. The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty. The sheriff shall not require any person to hold harmless or indemnify the sheriff for any violation by the sheriff of the service and enforcement of a writ of restitution under this chapter or chapter 59.20 RCW. The sheriff shall remove the mobile home, the tenant, or the tenant's personal property, or any combination of the three categories, as provided in the writ of restitution.

Sec. 3. RCW 59.20.040 and 1981 c 304 s 5 are each amended to read as follows:

This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot and including specified amenities within the mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as a part of the rent structure paid by the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. Chapter 59.12 RCW shall be applicable only in implementation of the provisions of this chapter and not as an alternative remedy to this chapter which shall be exclusive where applicable: PROVIDED, That the provision of RCW 59.12.090, 59.12.100, and 59.12.170 shall not apply to any rental agreement included under the provisions of this chapter. RCW 59.18.055 and 59.18.370 through 59.18.410 shall be applicable to any action of forcible entry or detainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home or a tenancy in a mobile home lot is abandoned. Rentals of mobile homes ((~~themselves~~)) and mobile home lots where the mobile home is rented are governed by the Residential Landlord-Tenant Act, chapter 59.18 RCW. Recreational vehicles, as defined in RCW 59.20.030(7), occupying rented mobile home lots are governed by chapter 59.12 RCW and the Residential Landlord-Tenant Act, chapter 59.18 RCW.

Sec. 4. RCW 59.20.045 and 1993 c 66 s 18 are each amended to read as follows:

(1) The landlord may change the rules of the mobile home park by giving the tenant thirty days' written notice prior to the effective date of any change. In the case of a material change in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall have a six-month period in which to comply with the change or vacate the mobile home park.

(2) Rules are enforceable against a tenant only if:

((~~(1)~~)) (a) Their purpose is to promote the convenience, health, safety, or welfare of the residents, protect and preserve the premises from abusive use, or make a fair distribution of services and facilities made available for the tenants generally;

((~~(2)~~)) (b) They are reasonably related to the purpose for which they are adopted;

((~~(3)~~)) (c) They apply to all tenants in a fair manner;

((~~(4)~~)) (d) They are not for the purpose of evading an obligation of the landlord; and

((~~(5)~~)) (e) They are not retaliatory or discriminatory in nature.

Sec. 5. RCW 59.20.080 and 1993 c 66 s 19 are each amended to read as follows:

(1) A landlord shall not terminate or fail to renew a tenancy, of whatever duration except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park ((~~as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant~~)) or for violation of the tenant's duties as provided in the rental agreement or RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination((: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate));

(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

(c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

(d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change((~~, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change~~));

(f) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;

(g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;

(h) If the landlord serves a tenant three ((~~fifteen-day~~)) notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules, and if the tenant has been served fifteen-day notice to comply or vacate for failure to comply with each of the first two offenses, the landlord may evict the tenant immediately after issuing a third notice designated as a fifteen-day notice to vacate for failure to comply, without mediation and without further written notice to comply, regardless if the tenant has complied with any of the previous notices. The applicable twelve-month period shall commence on the date of the first violation;

(i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW, to include failure to enter into a rental agreement. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

(j) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

(k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;

(l) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall ((be)) give ((~~[shall give]~~)) the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; ((or))

(m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, ((~~after service of a five-day notice to comply~~)) but only if the tenant has been served a five-day notice to pay rent or vacate for each of the first two violations. The landlord may evict immediately after giving a third notice designated as a notice to terminate tenancy for late rent payments, regardless if the tenant has complied with any of the previous five-day notices to pay rent or vacate;

(n) The tenant's violation of quiet enjoyment in the mobile home park to include verbal and physical abuse of tenants, the landlord, and the landlord's employees. The landlord may immediately evict any tenant violating this subsection without further written notice to comply; or

(o) Violation of the mobile home lot rental agreement by the tenant. The landlord shall give the tenant written notice to comply immediately. Failure to comply will result in termination of the tenancy and the tenant shall vacate the premises within fifteen days from being given written notice.

(2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation, unless a different time period is mutually agreed upon. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith ((~~for a period of~~)) within ten days of receipt of a notice of mediation for an eviction under subsection (1)(a) of this section, unless a different time period is mutually agreed upon. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith. If the tenant does not mediate, fails to comply with a mediation agreement, or otherwise does not comply with this subsection, the landlord may immediately evict the tenant without further written notice to comply.

(3) ((~~Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks~~)) The tenant shall continue to pay and be liable for the rent and any other charges due after service of any notice or after commencement of any legal action under this section, except for subsection (1)(b) of this section.

Sec. 6. RCW 59.20.090 and 1980 c 152 s 2 are each amended to read as follows:

(1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless((:

~~(a)~~)) a different specified term is agreed upon((~~; or~~

(b) The landlord serves notice of termination without cause upon the tenant prior to the expiration of the rental agreement: PROVIDED, That under such circumstances, at the expiration of the prior rental agreement the tenant shall be considered a month-to-month tenant upon the same terms as in the prior rental agreement until the tenancy is terminated)).

(2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent((: PROVIDED, That if a landlord serves a tenant with notice of a rental increase at the same time or subsequent to serving the tenant with notice of termination without cause, such rental increase shall not become effective until the date the tenant is required to vacate the leased premises pursuant to the notice of termination or three months from the date notice of rental increase is served, whichever is later)).

(3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.

(4)(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends;

(b) Any tenant who is a member of the armed forces may terminate a rental agreement with less than thirty days notice if he receives reassignment orders which do not allow greater notice.

Sec. 7. RCW 59.20.140 and 1988 c 150 s 6 are each amended to read as follows:

It shall be the duty of the tenant to pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances and regulations, and in addition the tenant shall:

(1) Keep the mobile home lot which he occupies and uses as clean and sanitary as the conditions of the premises permit;

(2) Properly dispose of all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant on the tenant's leased premises;

(3) Not intentionally or negligently destroy, deface, damage, impair, or remove any facilities, equipment, furniture, furnishings, fixtures or appliances provided by the landlord, or permit any member of his family, invitee, or licensee, or any person acting under his control to do so;

(4) Not permit a nuisance or common waste; ((~~and~~))

(5) Not engage in drug-related activities as defined in RCW 59.20.080;

(6) Not interfere with other tenants' peaceful enjoyment of their mobile home or mobile home lot; and

(7) Not verbally or physically abuse other tenants, the landlord, or the landlord's employees.

NEW SECTION. Sec. 8. A new section is added to chapter 59.20 RCW to read as follows:

Any rent, reasonable expenses, costs, or attorneys' fees owed by the tenant to the landlord under this chapter and RCW 7.75.030 shall be paid to the landlord prior to removal of the mobile home from the mobile home park.

NEW SECTION. Sec. 9. A new section is added to chapter 59.20 RCW to read as follows:

(1) Any landlord may sell on the mobile home lot or any other location a mobile home or any other personal property located on the mobile home lot after the tenant owing the landlord has either abandoned the mobile home or has been evicted from the mobile home lot under an unlawful detainer action.

(2) A mobile home or any other personal property located on the mobile home lot may be sold at a public auction after the following notice and publication:

(a) Notification by first class mail of any owner and any lienholder of record of the mobile home or personal property;

(b) Posting of notice on the mobile home or personal property; and

(c) Publication one time in a newspaper of general circulation in the city or county where the mobile home or personal property are located.

(3) The notice shall contain the following information:

(a) A description of the mobile home or personal property and the location;

(b) The time, date, and location of the public auction; and

(4) The public auction may be held fifteen days after completion of the notice and publication requirements in subsections (2) and (3) of this section.

(5) Prior to the sale at public auction of the mobile home or personal property, an owner or lienholder of record may regain possession of the mobile home or personal property by the following actions:

(a) Making payment to the landlord on all charges, to include attorneys' fees and costs incurred by the landlord in regard to the mobile home or personal property, and to include any unlawful detainer action; and

(b) Making arrangements satisfactory with the landlord for the immediate removal of the mobile home or personal property from the mobile home lot.

(6) The proceeds of a sale under this section shall be applied first to the payment of any lienholder with a security interest in the mobile home or personal property; then to payment of the charges, attorneys' fees, and costs under subsection (5) of this section; and then to satisfy any other liens on the mobile home or personal property in order of their priority. The balance, if any, shall be paid to the mobile home or personal property owner. If the owner cannot in the exercise of due diligence be located by the landlord within one year of the date of the sale, the excess funds from the sale shall revert to the department of revenue under chapter 63.29 RCW. If the sale is for a sum less than the applicable charges, attorneys' fees, and costs under subsection (5) of this section, the landlord is entitled to assert a claim for deficiency against the owner of the mobile home or personal property.

(7) In the event no one purchases the mobile home or personal property at a public auction, or the mobile home or personal property is not removed from the lot, or other arrangements agreed to by the landlord are not made within ten days of sale, ownership of the mobile home or personal property shall revert to the landlord.

(8) The rights granted to a landlord under this section are in addition to any other legal rights a landlord may have and in no manner does this section alter those legal rights.

Sec. 10. RCW 59.20.130 and 1993 c 66 s 20 are each amended to read as follows:

It shall be the duty of the landlord to:

(1) Comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home park;

(2) Maintain the common premises and prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water when such condition is not the fault of the tenant;

(3) Keep any shared or common premises reasonably clean, sanitary, and safe from defects to reduce the hazards of fire or accident;

(4) Keep all common premises of the mobile home park, not in the possession of tenants, free of weeds or plant growth noxious and detrimental to the health of the tenants and free from potentially injurious or unsightly objects and condition;

(5) Exterminate or make a reasonable effort to exterminate rodents, vermin, or other pests dangerous to the health and safety of the tenant whenever infestation exists on the common premises or whenever infestation occurs in the interior of a mobile home as a result of infestation existing on the common premises;

(6) Maintain and protect all utilities provided to the mobile home in good working condition. Maintenance responsibility shall be determined at that point where the normal mobile home utilities "hook-ups" connect to those provided by the landlord or utility company;

(7) Respect the privacy of the tenants and shall have no right of entry to a mobile home without the prior written consent of the occupant, except in case of emergency or when the occupant has abandoned the mobile home. Such consent may be revoked in writing by the occupant at any time. The ownership or management shall have a right of entry upon the land upon which a mobile home is situated for maintenance of utilities, to insure compliance with applicable codes, statutes, ordinances, administrative rules, and the rental agreement and the rules of the park, and protection of the mobile home park at any reasonable time or in an emergency, but not in a manner or at a time which would interfere with the occupant's quiet enjoyment;

(8) Allow tenants freedom of choice in the purchase of goods and services, and not unreasonably restrict access to the mobile home park for such purposes;

(9) Maintain roads within the mobile home park in good condition; ((~~and~~))

(10) Notify each tenant within five days after a petition has been filed by the landlord for a change in the zoning of the land where the mobile home park is located and make a description of the change available to the tenant; and

(11) Not verbally or physically abuse any tenant or other resident of the park, or allow an employee to do so.

A landlord shall not have a duty to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant, the tenant's family, invitee, or other person acting under the tenant's control, or if a tenant unreasonably fails to allow the landlord access to the property for purposes of repair.

Sec. 11. RCW 59.23.025 and 1993 c 66 s 5 are each amended to read as follows:

If notice of a desire to purchase has been given under RCW 59.23.015, a park owner shall promptly notify the qualified tenant organization that an agreement to purchase and sell has been reached and the terms of the agreement, including the availability and terms of seller financing, before closing a sale with any other person or entity. If, within thirty days after the actual notice has been received, the qualified tenant organization tenders to the park owner an amount equal to two percent of the agreed purchase price, refundable only according to this chapter, together with a fully executed purchase and sale agreement at least as favorable to the park owner as the original agreement, the mobile home park owner must sell the mobile home park to the qualified tenant organization. The tenant organization must then close the sale on the same terms as outlined in the original agreement between the park owner and the prospective purchaser. In the case of seller financing, a mobile home park owner may decline to sell the mobile home park to the qualified tenant organization if, based on reasonable and objective evidence, to do so would present a greater financial risk to the seller than would selling on the same terms to the original offeror.

If the qualified tenant organization fails to perform under the terms of the agreement the owner may proceed with the sale to any other party at these terms. If the park owner thereafter elects to accept an offer at a price lower than the price specified in the notice, the homeowners will have an additional ten days to meet the price and terms and conditions of this lower offer by executing a contract. If the qualified tenant organization fails to perform following two such opportunities, the park owner shall be free for a period of twenty-four months to execute a sale of the park to any other party.

A mobile home park owner who enters into a signed agreement to sell or transfer the ownership of the mobile home park to a relative or a legal entity composed of relatives or established for the benefit of relatives of the mobile home park owner, who signs an agreement stating the intention to maintain the property as a mobile home park is exempted from the requirements of this section and RCW 59.23.030.

NEW SECTION. Sec. 12. RCW 59.22.090 and 1991 c 327 s 4 are each repealed.