SENATE BILL REPORT
SHB 1797
BYHouse Committee on Housing (originally sponsored by Representatives Todd, Nutley, Cooper, Cantwell, Nelson, Brough and Rasmussen)
Applying the mobile home landlord-tenant act to individual lots.
House Committe on Housing
Senate Committee on Economic Development & Labor
Senate Hearing Date(s):March 22, 1989; March 31, 1989; February 20, 1990; February 22, 1990
Majority Report: Do pass as amended.
Signed by Senators Lee, Chairman; McMullen, Murray, Smitherman, Warnke, Williams.
Senate Staff:Traci Anderson (786-7452)
February 22, 1990
AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 22, 1990
BACKGROUND:
In 1977, the Legislature passed the Mobile Home Landlord-Tenant Act. A Residential Landlord-Tenant Act had passed the Legislature four years earlier. The Mobile Home Landlord-Tenant Act has been amended several times since it was adopted.
The Mobile Home Landlord-Tenant Act addresses the unique characteristics of renting space for mobile homes in a mobile home park. The tenant usually owns the mobile home and is renting the land (space or lot) from a park owner. The mobile home is very difficult and expensive to move; differences between the Residential and the Mobile Home Landlord-Tenant Acts are due in large part to this fact.
The present Mobile Home Landlord-Tenant Act lists general provisions, defines the duties of the landlord and the remedies available to the tenant, defines the duties of the tenant and the remedies available to the landlord, makes mediation mandatory in some cases, and makes mediation and arbitration available in most cases.
The general provisions include: (1) the landlord must offer the tenant a one year lease; if the tenant takes a shorter lease, the tenant must waive the tenant's right to a one year lease in writing, (2) every rental agreement must be in writing; (3) the rental agreement must be renewed automatically at the end of the term unless a different term is agreed to or the landlord serves notice to terminate without cause; (4) the unlawful detainer provisions in the Residential Landlord-Tenant Act must apply to the Mobile Home Landlord-Tenant Act except in cases of abandonment; and (5) the terms and conditions under which a security deposit may be withheld by the landlord must be outlined in the rental agreement.
The landlord's duties include: (1) complying with codes, laws, and ordinances; (2) maintaining utilities outside the mobile home; (3) respecting the privacy of the tenant and not entering without authorization except in cases of an emergency or abandonment; and (4) maintaining roads inside a mobile home park.
A tenant's duties include: (1) paying the rent; (2) complying with laws, codes, and ordinances; (3) keeping the lot clean and sanitary, and (4) not damaging the space.
The Residential Landlord-Tenant Act applies to all rentals of residential units, including single family residences, apartments, condominiums, and mobile homes where the landlord owns both the mobile home and the land. The Mobile Home Landlord-Tenant Act applies to all mobile homes in mobile home parks (defined as two or more lots). Neither the Residential nor the Mobile Home Landlord- Tenant Act applies to mobile homes owned by a tenant renting an individual lot from a landlord who owns the land.
SUMMARY:
The Mobile Home Landlord-Tenant Act applies to mobile homes that are owned by the tenant and are placed on an individual lot owned by the landlord or are placed in a mobile home park. A distinction is made between provisions that apply to all lots regardless of whether they are located in a park, and provisions that apply only to lots located in a park.
Examples of provisions that apply to all lots include: (1) the requirement that the rental agreement be in writing and that the tenant be offered at least a one year term; (2) the automatic renewal of the tenancy unless agreed to otherwise by both parties or unless a 12 month no cause eviction notice has been issued; and (3) the provisions regarding any security deposit paid by the tenant.
Examples of provisions that apply only to lots in a mobile home park include: (1) the provisions dealing with maintaining common areas and maintaining roads in a mobile home park; and (2) the provision allowing eviction of a tenant in a mobile home park because the tenant is convicted of a crime that indicates the tenant is a danger to other tenants.
Appropriation: none
Revenue: none
Fiscal Note: none requested
SUMMARY OF PROPOSED SENATE AMENDMENT:
The following provisions which are included in the Mobile Home Landlord-Tenant Act are extended to apply to mobile home owners who are renting an individual lot from a landlord who owns the land: (1) a landlord is prohibited from denying any tenant the right to sell the mobile home to anyone of the owner's choosing; (2) a landlord is also prevented from requiring the removal of a mobile home from a lot because of the sale of the mobile home.
Senate Committee - Testified: No one