AN
ACT Relating to allowing entrance and exit fees under limited circumstances;
and amending RCW 59.20.060.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.20.060 and 1999 c 359 s 5 are each amended to read as follows:
(1)
Any mobile home space tenancy regardless of the term, shall be based upon a
written rental agreement, signed by the parties, which shall contain:
(a)
The terms for the payment of rent, including time and place, and any additional
charges to be paid by the tenant. Additional charges that occur less
frequently than monthly shall be itemized in a billing to the tenant;
(b)
Reasonable rules for guest parking which shall be clearly stated;
(c)
The rules and regulations of the park;
(d)
The name and address of the person who is the landlord, and if such person does
not reside in the state there shall also be designated by name and address a
person who resides in the county where the mobile home park is located who is
authorized to act as agent for the purposes of service of notices and process.
If no designation is made of a person to act as agent, then the person to whom
rental payments are to be made shall be considered the agent;
(e)
The name and address of any party who has a secured interest in the mobile
home, manufactured home, or park model;
(f)
A forwarding address of the tenant or the name and address of a person who
would likely know the whereabouts of the tenant in the event of an emergency or
an abandonment of the mobile home, manufactured home, or park model;
(g)(i)
A covenant by the landlord that, except for acts or events beyond the control
of the landlord, the mobile home park will not be converted to a land use that
will prevent the space that is the subject of the lease from continuing to be
used for its intended use for a period of three years after the beginning of the
term of the rental agreement;
(ii)
A rental agreement may, in the alternative, contain a statement that the park
may be sold or otherwise transferred at any time with the result that
subsequent owners may close the mobile home park, or that the landlord may
close the park at any time after the required notice. The covenant or
statement required by this subsection must appear in print that is larger than
the other text of the lease and must be set off by means of a box, blank space,
or comparable visual device;
The
requirements of this subsection shall apply to tenancies initiated after April
28, 1989.
(h)
The terms and conditions under which any deposit or portion thereof may be
withheld by the landlord upon termination of the rental agreement if any moneys
are paid to the landlord by the tenant as a deposit or as security for
performance of the tenant's obligations in a rental agreement;
(i)
A listing of the utilities, services, and facilities which will be available to
the tenant during the tenancy and the nature of the fees, if any, to be
charged;
(j)
A description of the boundaries of a mobile home space sufficient to inform the
tenant of the exact location of the tenant's space in relation to other
tenants' spaces;
(k)
A statement of the current zoning of the land on which the mobile home park is
located; and
(l)
A statement of the expiration date of any conditional use, temporary use, or
other land use permit subject to a fixed expiration date that is necessary for
the continued use of the land as a mobile home park.
(2)
Any rental agreement executed between the landlord and tenant shall not contain
any provision:
(a)
Which allows the landlord to charge a fee for guest parking unless a violation
of the rules for guest parking occurs: PROVIDED, That a fee may be charged for
guest parking which covers an extended period of time as defined in the rental
agreement;
(b)
Which authorizes the towing or impounding of a vehicle except upon notice to
the owner thereof or the tenant whose guest is the owner of the vehicle;
(c)
Which allows the landlord to alter the due date for rent payment or increase
the rent: (i) During the term of the rental agreement if the term is less than
one year, or (ii) more frequently than annually if the term is for one year or
more: PROVIDED, That a rental agreement may include an escalation clause for a
pro rata share of any increase in the mobile home park's real property taxes or
utility assessments or charges, over the base taxes or utility assessments or
charges of the year in which the rental agreement took effect, if the clause
also provides for a pro rata reduction in rent or other charges in the event of
a reduction in real property taxes or utility assessments or charges, below the
base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one
year may provide for annual increases in rent in specified amounts or by a
formula specified in such agreement;
(d)
By which the tenant agrees to waive or forego rights or remedies under this
chapter;
(e)
Allowing the landlord to charge an "entrance fee" or an "exit
fee." However, an entrance fee may be charged as part of a
continuing care contract as defined in RCW 70.38.025;
(f)
Which allows the landlord to charge a fee for guests: PROVIDED, That a
landlord may establish rules charging for guests who remain on the premises for
more than fifteen days in any sixty-day period;
(g)
By which the tenant agrees to waive or forego homestead rights provided by
chapter 6.13 RCW. This subsection shall not prohibit such waiver after a
default in rent so long as such waiver is in writing signed by the husband and
wife or by an unmarried claimant and in consideration of the landlord's
agreement not to terminate the tenancy for a period of time specified in the
waiver if the landlord would be otherwise entitled to terminate the tenancy
under this chapter; or
(h)
By which, at the time the rental agreement is entered into, the landlord and
tenant agree to the selection of a particular arbitrator.
