SENATE BILL REPORT

SB 6702

BYSenators Murray, Bender, Lee, Warnke, Smitherman, Vognild and von Reichbauer

Modifying the self-help remedies of mobile home tenants.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 30, 1990

Senate Staff:Traci Anderson (786-7452)

AS OF JANUARY 26, 1990

BACKGROUND:

During the 1988-1989 session, changes were made to existing residential landlord-tenant statutes that specifically address the responsibilities that landlords have related to the repair of certain defective conditions found in rental units.  Amendments were also made in those statutes which address the rights of tenants to seek self-help repair remedies, should the landlord fail to make the required repairs within the legally mandated time period.

Proponents recommend that these new provisions, which were not extended to apply to existing mobile home landlord-tenant statutes, be incorporated into these statutes as well.

In addition, concern has been expressed over the growing number of reported incidences in which mobile home landlords have, without proper cause or notification, disconnected the utility services of mobile home residents.  Existing residential landlord-tenant laws prevent landlords from taking such action; however, existing mobile home landlord-tenant statutes do not prohibit such activity.

SUMMARY:

The time periods for the mobile home landlord to make repairs after notification by the tenant are modified.  The landlord must act within 24 hours, if the defective condition deprives the tenant of hot or cold water, heat or electricity, or is imminently hazardous to life.  The landlord must act within 72 hours, if the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord.  The landlord is required to act within ten days in all other cases.

The rights of tenants to seek self-help repair remedies are revised.  If the landlord does not act to begin to repair the defective condition within the required time period, the tenant may provide the landlord with a good faith estimate of the cost to perform the repair and may then contract to have the repair done.  The tenant may deduct the cost of repair from the monthly rent payment.  Costs of such repairs are limited to one month's rent per repair and two month's rent per year.

Landlords are prohibited from intentionally terminating a tenant's utility services, except as required to make necessary repairs.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested