SHB 1865 -
By Senator Tom
On page 1, beginning on line 18, strike all of subsection (1) and
insert the following:
"(1) A landlord ((may)) shall, upon the execution of a writ of
restitution by the sheriff, enter and take possession of any property
of the tenant found on the premises ((and store the property in any
reasonably secure place)). ((If, however, the tenant or the tenant's
representative objects to the storage of the property, the property
shall be deposited upon the nearest public property and may not be
moved and stored by the landlord. If the tenant is not present at the
time the writ of restitution is executed, it shall be presumed that the
tenant does not object to the storage of the property as provided in
this section.)) Any property with a cumulative value of five hundred
dollars or more, as determined by the landlord after deduction of the
landlord's estimated reasonable costs of moving, storing, and selling
the property, shall be stored by the landlord in a reasonably secure
place unless the tenant or tenant's representative objects to the
storage of the property in which case the property may be deposited on
the nearest public property. Any property with a cumulative value of
less than five hundred dollars, as determined by the landlord after
deduction of the landlord's estimated reasonable costs of moving,
storing, and selling the property, may be deposited on the nearest
public property. A mobile home, as defined in RCW 59.20.030(4), or a
manufactured home, as defined in RCW 59.20.030(3), regardless of value,
may be stored by the landlord, at the landlord's discretion, on the
mobile home lot, as defined in RCW 59.20.030(5), or within the mobile
home park that the mobile home or manufactured home is located on at
the time of execution of the writ of restitution. RCW 59.18.310 shall
apply to the moving and storage of a tenant's property when the
premises are abandoned by the tenant."
On page 2, line 19, after "section" insert ", except for a mobile home or manufactured home located on a mobile home lot"
On page 2, line 21, after "of" strike "over fifty dollars" and
insert "((over fifty dollars)) five hundred dollars or more"
On page 2, at the beginning of line 28, strike "fifty dollars or
less" and insert "((fifty dollars or)) less than five hundred dollars"
On page 2, beginning on line 31, after "section" strike all
material through "less," on line 32 and insert "((with a cumulative
value of fifty dollars or less,))"
On page 3, after line 22, insert the following:
"Sec. 3 RCW 59.20.080 and 2003 c 127 s 4 are each amended to read
as follows:
(1) A landlord shall not terminate or fail to renew a tenancy of a
tenant or the occupancy of an occupant, of whatever duration except for
one or more of the following reasons:
(a) Substantial violation, or repeated or periodic violations of
the rules of the mobile home park as established by the landlord at the
inception of the tenancy or as assumed subsequently with the consent of
the tenant or for violation of the tenant's duties as provided in RCW
59.20.140. The tenant shall be given written notice to cease the rule
violation immediately. The notice shall state that failure to cease
the violation of the rule or any subsequent violation of that or any
other rule shall result in termination of the tenancy, and that the
tenant shall vacate the premises within fifteen days: PROVIDED, That
for a periodic violation the notice shall also specify that repetition
of the same violation shall result in termination: PROVIDED FURTHER,
That in the case of a violation of a "material change" in park rules
with respect to pets, tenants with minor children living with them, or
recreational facilities, the tenant shall be given written notice under
this chapter of a six month period in which to comply or vacate;
(b) Nonpayment of rent or other charges specified in the rental
agreement, upon five days written notice to pay rent and/or other
charges or to vacate;
(c) Conviction of the tenant of a crime, commission of which
threatens the health, safety, or welfare of the other mobile home park
tenants. The tenant shall be given written notice of a fifteen day
period in which to vacate;
(d) Failure of the tenant to comply with local ordinances and state
laws and regulations relating to mobile homes, manufactured homes, or
park models or mobile home, manufactured homes, or park model living
within a reasonable time after the tenant's receipt of notice of such
noncompliance from the appropriate governmental agency;
(e) Change of land use of the mobile home park including, but not
limited to, conversion to a use other than for mobile homes,
manufactured homes, or park models or conversion of the mobile home
park to a mobile home park cooperative or mobile home park subdivision:
PROVIDED, That the landlord shall give the tenants twelve months'
notice in advance of the effective date of such change, except that for
the period of six months following April 28, 1989, the landlord shall
give the tenants eighteen months' notice in advance of the proposed
effective date of such change;
(f) Engaging in "criminal activity." "Criminal activity" means a
criminal act defined by statute or ordinance that threatens the health,
safety, or welfare of the tenants. A park owner seeking to evict a
tenant or occupant under this subsection need not produce evidence of
a criminal conviction, even if the alleged misconduct constitutes a
criminal offense. Notice from a law enforcement agency of criminal
activity constitutes sufficient grounds, but not the only grounds, for
an eviction under this subsection. Notification of the seizure of
illegal drugs under RCW 59.20.155 is evidence of criminal activity and
is grounds for an eviction under this subsection. The requirement that
any tenant or occupant register as a sex offender under RCW 9A.44.130
is grounds for eviction under this subsection. If criminal activity is
alleged to be a basis of termination, the park owner may proceed
directly to an unlawful detainer action;
(g) The tenant's application for tenancy contained a material
misstatement that induced the park owner to approve the tenant as a
resident of the park, and the park owner discovers and acts upon the
misstatement within one year of the time the resident began paying
rent;
(h) If the landlord serves a tenant three fifteen-day notices
within a twelve-month period to comply or vacate for failure to comply
with the material terms of the rental agreement or park rules. The
applicable twelve-month period shall commence on the date of the first
violation;
(i) Failure of the tenant to comply with obligations imposed upon
tenants by applicable provisions of municipal, county, and state codes,
statutes, ordinances, and regulations, including this chapter. The
landlord shall give the tenant written notice to comply immediately.
The notice must state that failure to comply will result in termination
of the tenancy and that the tenant shall vacate the premises within
fifteen days;
(j) The tenant engages in disorderly or substantially annoying
conduct upon the park premises that results in the destruction of the
rights of others to the peaceful enjoyment and use of the premises.
The landlord shall give the tenant written notice to comply
immediately. The notice must state that failure to comply will result
in termination of the tenancy and that the tenant shall vacate the
premises within fifteen days;
(k) The tenant creates a nuisance that materially affects the
health, safety, and welfare of other park residents. The landlord
shall give the tenant written notice to cease the conduct that
constitutes a nuisance immediately. The notice must state that failure
to cease the conduct will result in termination of the tenancy and that
the tenant shall vacate the premises in five days;
(l) Any other substantial just cause that materially affects the
health, safety, and welfare of other park residents. The landlord
shall give the tenant written notice to comply immediately. The notice
must state that failure to comply will result in termination of the
tenancy and that the tenant shall vacate the premises within fifteen
days; or
(m) Failure to pay rent by the due date provided for in the rental
agreement three or more times in a twelve-month period, commencing with
the date of the first violation, after service of a five-day notice to
comply or vacate.
(2) Within five days of a notice of eviction as required by
subsection (1)(a) of this section, the landlord and tenant shall submit
any dispute to mediation. The parties may agree in writing to
mediation by an independent third party or through industry mediation
procedures. If the parties cannot agree, then mediation shall be
through industry mediation procedures. A duty is imposed upon both
parties to participate in the mediation process in good faith for a
period of ten days for an eviction under subsection (1)(a) of this
section. It is a defense to an eviction under subsection (1)(a) of
this section that a landlord did not participate in the mediation
process in good faith.
(3) Chapters 59.12 and 59.18 RCW govern the eviction of
recreational vehicles, as defined in RCW 59.20.030, from mobile home
parks. This chapter governs the eviction of mobile homes, manufactured
homes, park models, and recreational vehicles used as a primary
residence from a mobile home park. However, RCW 59.18.312 governs the
storage of a mobile or manufactured home when a writ of restitution is
executed."
Renumber the remaining section consecutively.
SHB 1865 -
By Senator Tom
On page 1, line 2 of the title, after "RCW 59.18.312" insert "and 59.20.080"
EFFECT: (1) Upon the execution of a writ of restitution, a
landlord is required to store any property with a cumulative value of
$500 or more, after deducting the landlord's estimated reasonable costs
of moving, storing, and selling the property.
(2) Property with a cumulative value of less than $500 may be left
on the nearest public property.
(3) Mobile and manufactured homes may be stored on the mobile home
lot, or within the mobile home park.