H‑0246.2   _____________________________________________

 

HOUSE BILL 1357

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Fromhold, Ogden and Dunn

 

Read first time 01/24/2001.  Referred to Committee on Local Government & Housing.

_1      AN ACT Relating to sale of a mobile home, manufactured home,

_2  park model, or personal property after eviction of the owner from

_3  mobile home lot; and adding a new section to chapter 60.72 RCW.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      NEW SECTION.  Sec. 1.  A new section is added to chapter 60.72

_6  RCW to read as follows:

_7      (1) Any landlord may sell on the mobile home lot or any other

_8  location a mobile home, manufactured home, park model, or any

_9  other personal property located on the mobile home lot after the

10  tenant has been evicted from the mobile home lot under an unlawful

11  detainer action.  A landlord, in the alternative, may have the

12  tenant's mobile home, manufactured home, park model, or any other

13  personal property located on the mobile home lot removed from the

14  park.

15      (2) A mobile home, manufactured home, park model, or any other

16  personal property located on the mobile home lot may be sold at a

17  public auction after the following notice and publication:

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_1      (a) Notification by first class mail of any owner and any

_2  lienholder of record of the mobile home, manufactured home, park

_3  model, or personal property;

_4      (b) Posting of notice on the mobile home, manufactured home,

_5  park model, or personal property; and

_6      (c) Publication one time in a newspaper of general circulation

_7  in the city or county where the mobile home, manufactured home,

_8  park model, or personal property are located.

_9      (3) The notice shall contain the following information:

10      (a) A description of the mobile home, manufactured home, park

11  model, or personal property and the location;

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

13      (c) The name, address, and telephone number of the landlord who

14  is selling the mobile home, manufactured home, park model, or

15  personal property.

16      (4) The public auction may be held fifteen days after

17  completion of the notice and publication requirements in

18  subsections (2) and (3) of this section.

19      (5) Prior to the sale at public auction of the mobile home,

20  manufactured home, park model, or personal property, an owner or

21  lienholder of record may regain possession of the mobile home,

22  manufactured home, park model, or personal property by the

23  following actions:

24      (a) Making payment to the landlord of all charges, to include

25  attorneys' fees and costs incurred by the landlord in regard to

26  the mobile home, manufactured home, park model, or personal

27  property, and to include any unlawful detainer action; and

28      (b) Making arrangements satisfactory with the landlord for the

29  immediate removal of the mobile home, manufactured home, park

30  model, or personal property from the mobile home lot.

31      (6) The proceeds of a sale under this section shall be applied

32  first to the payment of any lienholder with a security interest in

33  the mobile home, manufactured home, park model, or personal

34  property; then to payment of the charges, attorneys' fees, and

35  costs under subsection (5) of this section; and then to satisfy

36  any other liens on the mobile home, manufactured home, park model,

37  or personal property in order of their priority.  The balance, if

38  any, shall be paid to the mobile home, manufactured home, park

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_1  model, or personal property owner.  If the owner cannot in the

_2  exercise of due diligence be located by the landlord within one

_3  year of the date of the sale, the excess funds from the sale shall

_4  revert to the department of revenue under chapter 63.29 RCW.  If the

_5  sale is for a sum less than the applicable charges, attorneys'

_6  fees, and costs under subsection (5) of this section, the landlord

_7  is entitled to assert a claim for deficiency against the owner of

_8  the mobile home, manufactured home, park model, or personal

_9  property.

10      (7) In the event no one purchases the mobile home, manufactured

11  home, park model, or personal property at a public auction, or the

12  mobile home, manufactured home, park model, or personal property

13  is not removed from the lot, or other arrangements agreed to by

14  the landlord are not made within ten days of sale, ownership of

15  the mobile home, manufactured home, park model, or personal

16  property shall revert to the landlord.

17      (8) The rights granted to a landlord under this section are in

18  addition to any other legal rights a landlord may have and in no

19  manner does this section alter those legal rights.

 

‑‑‑ END ‑‑‑

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