Termination of Mobile Home Tenancies

December 11, 2024
  • RCW 59.20.080: Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupancy—Notice—Mediation.
  • Substantial violation, or repeated or periodic violations, of an enforceable rule of the mobile home park as established by the landlord at the inception of or during the tenancy 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 20 days: 
  • OR
  • Nonpayment of rent or other charges specified in the rental agreement, upon 14 days written notice to pay rent and/or other charges or to vacate;
  • OR
  •  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 15-day period in which to vacate;
  • OR
  • 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;
  • OR
  • Change of land use of the mobile home park including, but not limited to, closure of the mobile home park or 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. 
  • OR
  • 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.
  • OR
  • 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;
  •  If the landlord serves a tenant three 20-day notices, each of which was valid under (a) of this subsection at the time of service, within a 12-month period to comply or vacate for failure to comply with the material terms of the rental agreement or an enforceable park rule, other than failure to pay rent by the due date. 
  • OR
  • 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 15 days;
  •  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 15 days;
  • OR
  •  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 describe the nuisance and state (i) what the tenant must do to cease the nuisance and (ii) that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;
  • OR 
  • 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 describe the harm caused by the tenant, describe what the tenant must do to comply and to discontinue the harm, and state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days
  • OR                                    
  •  Failure to pay rent by the due date provided for in the rental agreement three or more times in a 12-month period
 

Stays and Reinstatements

December 3, 2024

380

v  At the time and place fixed for the hearing of plaintiff's motion for a writ of restitution:

Ø  Defendant, or any person in possession or claiming possession of the property, may answer and assert any legal or equitable defense or set-off arising out of the tenancy.

§  orally or in writing,

§  If the answer is oral the substance thereof shall be endorsed on the complaint by the court.

Ø  The court shall examine the parties and witnesses orally to ascertain the merits of the ...


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Arguing Your Eviction in Court

December 18, 2012

A common question that landlords ask me is "what possible defenses can my tenants raise to the eviction? Shouldn't the fact that they owe rent be enough to evict?" 

Unfortunately, it is not that simple.  A tenant can assert a variety of defenses to an eviction action.  These defenses can be raised in the tenant's written answer or verbally at a show cause hearing. The following are potential issues that a landlord should prepare for

A. Procedural Defenses

Procedural requirements for unlawful det...


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Tenancies in Washington State

December 18, 2012

What type of tenancies are covered under the RLTA?

There are three basic types of tenancies. 1. A periodic tenancy, or month to month tenancy, is when property is rented for an indefinite period of time with rent payable on a monthly or other periodic basis. 58.18.200 2. Tenancy for Specified Time refers to the rental of property for a specified time, such as signing a year lease. 3. Tenancy at will refers to tenants who occupy residential property for an indefinite period of time without bein...


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Landlord Dos and Dont's

December 18, 2012

A Landlord MAY NOT enter the tenant's premises without notice and consent.

The Landlord may not enter the dwelling unit without the consent of the tenant except in case of emergency or tenant's abandonment. However, The Tenant must not unreasonably withhold her consent to entry by the landlord. RCW 59.18.150

A Landlord MAY give the Tenant 2 days notice of his intent to enter the premises

A Landlord MAY give the tenant TWO days notice of his intent to enter the premises, except in the case of eme...


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Attorney WSBA 38858