_______________________________________________
SUBSTITUTE
SENATE BILL 5755
_______________________________________________
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Authorizing
service of process by posting in disputes involving mobile home landlords and
tenants.
AN
ACT Relating to service of process in landlord-tenant disputes; and amending
RCW 59.18.055 and 59.20.040.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.18.055 and 1989 c 342 s 14 are each amended to read as follows:
(1)
When the plaintiff, after the exercise of due diligence, is unable to
personally serve the summons on the defendant, the court may authorize the
alternative means of service described herein. Upon filing of an affidavit
from the person or persons attempting service describing those attempts, and
the filing of an affidavit from the plaintiff, plaintiff's agent, or
plaintiff's attorney stating the belief that the defendant cannot be found, the
court may enter an order authorizing service of the summons as follows:
(((1)))
(a) The summons and complaint shall be posted in a conspicuous place on
the premises unlawfully held, not less than nine days from the return date
stated in the summons; and
(((2)))
(b) Copies of the summons and ((compliant [complaint])) complaint
shall be deposited in the mail, postage prepaid, by both regular mail and
certified mail directed to the defendant's or defendants' last known address
not less than nine days from the return date stated in the summons.
When
service on the defendant or defendants is accomplished by this alternative
procedure, the court's jurisdiction is limited to restoring possession of the
premises to the plaintiff and no money judgment may be entered against the
defendant or defendants until such time as jurisdiction over the defendant or
defendants is obtained.
(2)
This section shall apply to this chapter and chapter 59.20 RCW.
Sec.
2. 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 are governed by the Residential
Landlord-Tenant Act, chapter 59.18 RCW.
