S-871                 _______________________________________________

 

                                                   SENATE BILL NO. 5465

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senators Moore and Lee

 

 

Read first time 1/25/89 and referred to Committee on   Economic Development & Labor.

 

 


AN ACT Relating to mobile home liens and abandonment; and adding new sections to chapter 59.20 RCW.

 

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

 

          NEW SECTION.  Sec. 1.     (1) A mobile-manufactured home located in a mobile home park is considered to be abandoned when:

          (a) There is a default on rental payments;

          (b) There is apparent physical abandonment of the premises;

          (c) The landlord sends by first class and certified or registered mail, return receipt requested, a notice of intent to declare the abandonment of the tenancy and the mobile home to the last known address of the tenant, and registered owner of the mobile home, if different, and no written reply is received within thirty days of mailing of the notice.  This notice shall state that if no written reply is received within thirty days from the date of mailing that the landlord shall determine the tenancy, mobile home, or any other property of the tenant abandoned and subject to sale; and

          (d) The landlord sends by first class and certified or registered mail, return receipt requested, notice to any secured party with a perfected security interest that an apparent abandonment has occurred, and that the mobile home or other personal property is subject to a declaration of abandonment and sale under the provisions of sections 1 and 2 of this act.

          (2) Physical abandonment of the premises, together with a default in rent, shall be sufficient to indicate a tenant's intention not to continue tenancy unless the landlord has actual knowledge of the tenant's contrary intention.

 

          NEW SECTION.  Sec. 2.     When a mobile home in a mobile home park is abandoned as described in section 1 of this act, the landlord shall be a "lien holder" for the purposes of chapter 60.10 RCW.  The amount owing shall be equal to the rent due and owing at the time of sale of the mobile home, any costs incurred in moving and selling the mobile home, any amounts due under RCW 60.10.030(1)(a), or any other reasonable expenses incurred.

          The landlord's lien rights under this section and chapter 60.10 RCW shall be prior to those of all parties, secured or otherwise.

 

          NEW SECTION.  Sec. 3.     Sections 1 and 2 of this act are each added to chapter 59.20 RCW.