AN
ACT Relating to mobile home park tenants and occupants; and amending RCW
59.20.030, 59.20.080, and 59.20.090.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.20.030 and 1993 c 66 s 15 are each amended to read as follows:
For
purposes of this chapter:
(1)
"Abandoned" as it relates to a mobile home owned by a tenant in a
mobile home park, mobile home park cooperative, or mobile home park subdivision
or tenancy in a mobile home lot means the tenant has defaulted in rent and by
absence and by words or actions reasonably indicates the intention not to
continue tenancy;
(2)
"Landlord" means the owner of a mobile home park and includes the
agents of a landlord;
(3)
"Mobile home lot" means a portion of a mobile home park designated as
the location of one mobile home and its accessory buildings, and intended for
the exclusive use as a primary residence by the occupants of that mobile home;
(4)
"Mobile home park" means any real property which is rented or held
out for rent to others for the placement of two or more mobile homes for the
primary purpose of production of income, except where such real property is
rented or held out for rent for seasonal recreational purpose only and is not
intended for year-round occupancy;
(5)
"Mobile home park cooperative" means real property consisting of
common areas and two or more lots held out for placement of mobile homes in
which both the individual lots and the common areas are owned by an association
of shareholders which leases or otherwise extends the right to occupy individual
lots to its own members;
(6)
"Mobile home park subdivision" means real property, whether it is
called a subdivision, condominium, or planned unit development, consisting of
common areas and two or more lots held for placement of mobile homes in which
there is private ownership of the individual lots and common, undivided
ownership of the common areas by owners of the individual lots;
(7)
"Recreational vehicle" means a travel trailer, motor home, truck
camper, or camping trailer that is primarily designed and used as temporary
living quarters, is either self-propelled or mounted on or drawn by another
vehicle, is transient, is not occupied as a primary residence, and is not
immobilized or permanently affixed to a mobile home lot;
(8)
"Tenant" means any person, except a transient, who rents a mobile
home lot; ((and))
(9)
"Transient" means a person who rents a mobile home lot for a period
of less than one month for purposes other than as a primary residence;
(10)
"Occupant" means any person, including a live-in care provider, other
than a tenant, who occupies a mobile home and mobile home lot.
Sec.
2. 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 a tenant or the
occupancy of an occupant, 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 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 or
occupant 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. The requirement that any tenant or occupant register as a sex
offender under RCW 9A.44.130 is grounds for 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. 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. 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 or vacate.
(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.
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 ten days for an eviction under subsection (1)(a) of this section. 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.
(3)
Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from
mobile home parks.
Sec.
3. 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.
