S-0341.1  _______________________________________________

 

                         SENATE BILL 5161

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators Swecker and Bauer

 

Read first time 01/17/97.  Referred to Committee on Financial Institutions, Insurance & Housing.

 

Selling mobile home tenant property after an eviction or abandonment.



    AN ACT Relating to mobile homes; and adding a new section to chapter 60.72 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 60.72 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.  A landlord, in the alternative, may have the tenant's mobile home or any other personal property located on the mobile home lot removed from the park.

    (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 is 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

    (c) The name, address, and telephone number of the landlord who is selling the mobile home or personal property.

    (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.

 


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