2073 AMH MULL PITT 84

HB 2073 - H AMD

By Representative Mulliken

Strike everything after the enacting clause and insert the following:

"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, manufactured home, park model, or any other personal property located on the mobile home lot after the tenant 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, manufactured home, park model, or any other personal property located on the mobile home lot removed from the park.

(2) A mobile home, manufactured home, park model, 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, manufactured home, park model, or personal property;

(b) Posting of notice on the mobile home, manufactured home, park model, or personal property; and

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

(3) The notice shall contain the following information:

(a) A description of the mobile home, manufactured home, park model, 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, manufactured home, park model, 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, manufactured home, park model, or personal property, an owner or lienholder of record may regain possession of the mobile home, manufactured home, park model, or personal property by the following actions:

(a) Making payment to the landlord of all charges, to include attorneys' fees and costs incurred by the landlord in regard to the mobile home, manufactured home, park model, 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, manufactured home, park model, 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, manufactured home, park model, 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, manufactured home, park model, or personal property in order of their priority. The balance, if any, shall be paid to the mobile home, manufactured home, park model, 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, manufactured home, park model, or personal property.

(7) In the event no one purchases the mobile home, manufactured home, park model, or personal property at a public auction, or the mobile home, manufactured home, park model, 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, manufactured home, park model, 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.

(9) The provisions of this section apply to a mobile home, manufactured home, park model, or any personal property that is located on a mobile home lot that has been abandoned by the tenant. As used in this section, "abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park or any other personal property located on the 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."