FINAL BILL REPORT

HB 2272

                                  C 169 L 90

BYRepresentatives Leonard, Padden, Todd, Winsley, Anderson, Nutley, Ballard, Rector, May, Inslee, Wolfe, Prentice, D. Sommers, Crane and Wood

Changing provisions relating to mobile home landlords.

House Committe on Housing

Senate Committee on Economic Development & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

Landlords of mobile home parks may not offer a mobile home lot for rent to anyone without offering a written rental agreement for a term of at least one year.  The written rental agreement must contain certain information specified in statute, but there is no requirement for the tenant to furnish the name and address of any party who has a secured interest in the mobile home.  A party with a security interest in the mobile home is generally the lending institution that helped finance the purchase of the mobile home. There is also no requirement for the tenant to provide a forwarding address or the name and address of a person likely to know the whereabouts of the tenant in the case of an emergency or an abandonment of the mobile home.

Under the Mobile Home Landlord-Tenant Act, a party with a secured interest in a mobile home is liable to the landlord for rent for occupancy of the mobile home space after the secured party has taken possession of the mobile home pursuant to the Uniform Commercial Code.  A secured party, however, may have the right to take possession of the mobile home weeks or months before actually taking possession.  There is no requirement for commencing a secured party's liability to the landlord for rent at the time the secured party is entitled to possession of the mobile home under the Uniform Commercial Code.

A landlord is entitled to a statutory lien for rent against any personal property of the tenant that was kept at the rented premises by the tenant.  The statutory lien is for up to two months' rent, but the lien expires unless the landlord enforces the lien within two months of a default in payment of rent by the tenant.

SUMMARY:

The written rental agreement between a landlord and a tenant of a mobile home park must contain the name and address of any party who has a secured interest in the mobile home, and a forwarding address of the tenant or the name and address of someone likely to know the whereabouts of the tenant in the event of an emergency or an abandonment of the mobile home.

A person with a security interest in a mobile home, who has a right to possession of the mobile home under the Uniform Commercial Code, is liable to the landlord for rent and other reasonable expenses from the date the secured party receives notice of the tenant's default from the landlord. The notice must be in writing and must be sent by certified mail, return receipt requested.  "Reasonable expenses" are defined as any routine maintenance and utility charges for which the tenant is liable under the rental agreement.  The secured party is liable only for those expenses that are incurred after the receipt of the written notice.

Any rent or other reasonable expenses owed by the secured party must be paid to the landlord before the mobile home may be removed from the mobile home park.

The relationship between a landlord and a secured party who is liable to the landlord for rent and reasonable expenses is governed by the rental agreement previously signed by the tenant of the mobile home unless otherwise agreed.  The secured party and the landlord are not required to execute a new rental agreement.  The rental agreement, however, converts to a month-to-month tenancy that either party may terminate upon giving 30 days written notice.  No waiver is required to convert the rental agreement to a month-to-month tenancy.  Nothing that governs the relationship between the landlord and the secured party acts as a waiver of any rights of the tenant.

For tenants who rent a mobile home lot in a mobile home park, the amount of the landlord's lien for rent is increased from up to two months' to up to four months' rent and the duration of the landlord's lien for rent is increased from two months to four months.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    46     0 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 7, 1990