The
Manufactured/Mobile Home Landlord-Tenant Act, ("MHLTA," sometimes
called the "M/MHLTA") has governed the relationship between a landlord
and a tenant who rents a mobile home space since 1977. The full text of
the MHLTA is in chapter 59.20 of the Revised Code of Washington (available online at http://apps.leg.wa.gov/RCW/default.aspx?cite=59.20 ). This publication discusses a tenant's rights and duties under the MHLTA.
Two things are required for the MHLTA to apply. First, the tenant must
own or be buying a type of home covered by the MHLTA and must use the
home as his or her main residence. Second, the tenant must live in a
"mobile home park" or "manufactured housing community."
This publication briefly describes how to represent yourself if you are
being evicted and you cannot obtain an attorney to represent you.
There
are four types of homes that are covered by the MHLTA: (1)
"manufactured homes"; (2) "mobile homes"; (3) "park model" homes; and
(4) recreational vehicles (RVs) if they are the home owner's primary
residence.
A "manufactured home"
is a "single-family dwelling built according to the United States
Department of Housing and Urban Development manufactured home
construction and safety standards act, which is a national preemptive
building code. A manufactured home also: (a) Includes plumbing,
heating, air conditioning, and electrical systems; (b) is built on a
permanent chassis; and (c) can be transported in one or more sections
with each section at least eight feet wide and forty feet long when
transported, or when installed on the site is three hundred twenty
square feet or greater." (RCW 59.20.030(3)).
A "mobile home"
is "a factory built dwelling built prior to June 15, 1976, to standards
other than the United States Department of Housing and Urban
Development code, and acceptable under applicable state codes in effect
at the time of construction or introduction of the home into the state.
Mobile homes have not been built since the introduction of the United
States department of housing and urban development manufactured home
construction and safety act." (RCW 59.20.030(4)).
A "park model home" is a "recreational vehicle intended for permanent or semi-permanent installation and habitation." (RCW 59.20.030(9)).
An RV can be covered by the MHLTA if it is used as the tenant's primary residence. (RCW 59.20.080(3)).
The term "mobile home" used throughout this pamphlet refers to all four types of homes governed by the MHLTA.
NOTE:
If a tenant rents both the mobile home and the mobile home space, the MHLTA does not apply to this type of a tenancy. Instead, the Residential Landlord-Tenant Act ("RLTA"), RCW 59.18 (available online at http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18
), applies. This publication does not cover tenants who rent their
mobile homes, but any legal services office should have another
publication addressing these concerns.
The eviction of non-park model RVs from a mobile home park is not covered by the MHLTA if they are not attached to the lot or the tenant does not use the RV as his or her main residence.
Instead, the RLTA applies to such evictions. However, if a RV is
permanently or semi-permanently attached to a mobile home lot, is the
tenant's main residence, and rent is paid on a month-to-month basis,
then the tenant should argue to the landlord and the eviction court
that the RV is a "park model home" and so covered by the MHLTA and its
protections. (RCW 59.20.080(3)).
A "mobile home park" or "manufactured housing community" is any land rented out for two or more mobile homes. This does not include
property rented for seasonal purposes and not intended for year-round
occupancy, such as rentals of a lakefront for summer fishing trips. (RCW 59.20.030(6)).
Advocacy Tips: Things you should do to help protect yourself
Keep
copies of all documents, such as the rental agreement, park rules, and
any notices or letters from the landlord and any letters or documents
that you send to the landlord.
Make
a written note of important conversations with the landlord, include
dates, the topic of conversation, names of people who were present and
what exactly was said by each person.
Follow
up on important conversations with a letter to the landlord repeating
what was said and/or the agreements you entered into. Keep a copy of
the letter for your records.
Mail any documents or notices to your landlord both regular mail and certified mail, return receipt requested, as proof of mailing.
A
tenant may negotiate the terms of the lease. If the landlord uses a
form lease, try and negotiate with the landlord to remove sections of
the lease that you don't want. To legally remove these parts, put a
line through them and have all parties initial in the margin. If your
landlord is unwilling to negotiate a lease or remove a particular
provision, get legal advice before refusing to sign the agreement.
If
you are concerned about the landlord keeping your deposit due to damage
to the space, take pictures of the space before you move in and after
you move your home out.
Never pay rent or other payments in cash, unless you hand the cash directly to the landlord or her staff and immediately get a written receipt for your payment.
Ask for and keep receipts of all payments made to the landlord.
Leasing a Lot in a Manufactured/Mobile Home Park
A Tenant is entitled to a Written Rental Agreement for a Term of One Year or More
A park owner or manager (landlord) must offer a new tenant a written rental agreement for a term of one year or more. (RCW 59.20.050).
It is the landlord's responsibility to make sure the tenant has signed
a written rental agreement before the tenant moves into the mobile home
park. If the landlord does not do this, the length of the rental
agreement is automatically one year.
It is against the law for the landlord to offer only a month-to-month
rental agreement. However, if the tenant signs such an agreement
knowing that a year rental agreement was possible, the tenant may have
given up the right to a year agreement.
A one year or longer written rental agreement is good for the tenant.
The terms and conditions of the tenancy are clear, and the landlord's
abilities to raise the rent, change park rules, or evict the tenant are
more limited.
If the park is sold, all the rental agreements are still in effect and must be honored by the park's new owner.
A Tenant Can Choose to Waive the Right to a One Year Agreement
Although
a tenant has the right to a written rental agreement for a term of one
year or more, the tenant may give up this right. The tenant can only
give up this right in writing by signing a separate document called a
"Waiver." If the tenant gives up this right in writing, a
month-to-month agreement is created. In addition, a tenant can agree to
a tenancy that after one year becomes a month-to-month agreement.
The landlord may NOT offer better terms for a month-to-month rental
agreement to persuade a potential resident to select a shorter tenancy.
(RCW 59.20.050(1)).
NOTE:
Even if the tenant has given up the right to a one-year or longer
agreement in writing, the tenant may demand a one-year tenancy on the
next anniversary date of the beginning of occupancy of his space. (RCW 59.20.050). The landlord must then offer the tenant a written rental agreement for a time period of one year or more.
The Written Rental Agreement Must Contain:
Rules and regulations of the park, including guest parking rules. (See the Park Rules section).
Signatures of both the landlord and the tenant. The landlord's name and address must be clearly written.
The
amount of rent and all other charges the tenant must pay, as well as
the time when and the address where the payments are due.
The amount of any deposit and a description of the circumstances that would allow the landlord to keep the deposit.
A
list of the utilities, services, and facilities which the tenant may
use during the tenancy and an explanation of any fees to be charged to
the tenant for using them.
The forwarding address of the tenant or a person likely to know how to get in touch with the tenant.
A description of the boundaries of the tenant's lot.
Future
of the Park: the rental agreement must include a statement that the
mobile home park will remain a mobile home park for three years OR it
must state that the park may be closed at any time after notifying the
tenants. This statement must be in bold face type and it must
be located directly above the tenant's signature on the rental
agreement.
The Written Rental Agreement May Not Contain Any Of The Following:
It
may not allow the landlord to collect fees for short-term guest parking
if the guest is following the parking rules. The landlord may charge
long term extended guests a parking fee if these fees are included in
the rental agreement.
It
may not allow the landlord to raise the rent during the term of the
one-year rental agreement or change the date that rent is due. The
landlord may make tenants pay a share of any tax or utility increase as
long as the tenants' costs go down if taxes and utilities go down. (See
section on Rent Increases and Responsibility for Utilities).
It
may not allow the landlord to charge the tenant for guests remaining on
the premises less than 15 days in any 60-day period. The owner may
charge a fee when guests remain longer than this period.
It may not allow the landlord to tow or impound a guest or tenant's vehicle without notice. The landlord can only tow a vehicle if the landlord first gives notice to the vehicle owner or the tenant whose guest owns the vehicle.
It
may not allow the landlord to require that the tenant give up his
homestead rights or any other rights provided by the MHLTA. (See
Homestead Rights, below).
It
may not allow the landlord to charge an entrance or exit fee. Entrance
and exit fees include any charges to move in, move out, or transfer the
lease.
It may not include any provisions that result in the tenant waiving their rights under the statute.
See RCW 59.20.060 for the law regarding requirements for the written rental agreement.
Deposits
The landlord can make a tenant pay a deposit only if there is a written rental agreement. (RCW 59.20.160).
If there is only an oral agreement, then the landlord may not charge
the tenant a deposit. If the landlord collects a deposit, the rental
agreement must state if and why the landlord can ever keep the deposit.
The landlord must provide a written receipt for the deposit as well as
the name and address of the trust account. All refundable deposits must
be placed in a trust account in a bank or with an escrow agent. (RCW 59.20.170(1)).
If the deposit is an amount of money greater than two (2) months rent,
the landlord must place the excess money into an interest bearing
account in the tenant's name. The tenant is entitled to collect the
interest that is earned on this account, minus administrative fees,
once every year. (RCW 59.20.170(2)).
The landlord must refund the whole deposit within 14 days of the end of
the tenancy or give the tenant specific reasons in writing for keeping
any part of the deposit. The landlord may not keep the deposit for wear
and tear resulting from normal use of the mobile home lot. The refund
or written explanation must be personally delivered to the tenant or
mailed to the tenant's last known address. If the landlord fails to do
this, then the landlord must pay the tenant the full amount of the
deposit. (RCW 59.20.180).
If the landlord wrongfully withholds any part of the deposit, the
tenant may sue the landlord in Small Claims Court to get the deposit
back. A lawsuit in Small Claims Court can be brought cheaply and
without a lawyer. Northwest Justice Project (NJP) has publications
explaining how to get your deposit back and how to use Small Claims Court. (On the Internet, go to http://www.washingtonlawhelp.org
click on "Consumer," then click on "Small Claims Court," You can also
call the CLEAR hotline at 1-888-201-1014 to request this publication.)
Park Rules
The park rules are considered part of the written rental agreement. (RCW 59.20.060.)
Park rules are renewed automatically with the written rental agreement.
However, if the agreement allows the landlord to change the rules more
often than once a year, the landlord may be able to change the park
rules, even in the middle of a rental term.
A Landlord May Enforce a Park Rule against a Tenant Only If:
The
purpose of the rule is to promote the health, safety, or well being of
the residents, to protect the premises from harm or damage or to insure
that all tenants get to use the services and facilities;
The rule is a reasonable way to achieve its purpose;
The rule does not allow the landlord to avoid obeying the law or by the rental agreement;
The rule applies to all tenants in a fair manner; and,
The rule does not discriminate or retaliate against tenants. (RCW 59.20.045).
The landlord can change the park rules regarding pets, children living with tenants or recreational facilities only
after giving at least six (6) months' written notice. A landlord does
not have to give six months written notice of other types of rule
changes.
Any rules applying to tenants with children must comply with federal
and state laws that prohibit discrimination against families with
children. If a tenant believes the park rules discriminate against
families with children, he or she can call the Department of Housing
and Urban Development ("HUD") or the Human Rights Commission at the
numbers on the last page of this publication.
A landlord who agreed to pay for utilities when the tenant moved into
the park may be able to force the tenant to begin paying for those
utilities at the end of a rental period or lease term. See the section
titled "Rent Increases and Responsibility for Utilities" later in this
pamphlet for more information about this.
Renewal of the Rental Agreement
Written
rental agreements, including the original park rules, are renewed
automatically for the same length of time as the original agreement.
Year to year agreements automatically renew for another year on the
anniversary date of the beginning of the tenant's occupancy. Month to
month agreements automatically renew each month.
If the tenant gives written notice to the landlord one month before the
ending date of the rental agreement saying that he plans not to renew,
then the agreement will not be renewed. (RCW 59.20.090).
Rent Increases and Responsibility for Utilities
The
landlord must give at least three (3) months notice before raising the
rent. If the rental term is one year, the landlord can only raise the
rent at the end of the term. (RCW 59.20.090(2)).
If the rental term is month-to-month, the landlord may raise a rent at
the end of any month, but the landlord must still give 3 months written
notice to the tenant.
The landlord may raise the rent whenever taxes or utilities go up, if
the written rental agreement also requires the landlord to lower the
rent when the taxes or utilities go down.
A landlord who agreed to pay for some or all of the utilities at the
time the tenant moved into the park may be able to force the tenant to
start paying for any or all of the utilities at the end of a lease
term. This means that a tenant should read any new rental agreement
offered by the landlord very carefully. The new agreement may change
the responsibility to pay for water, sewer, garbage or another utility
from the landlord to the tenant. A tenant can try and negotiate the new
rental agreement with the landlord in order to avoid these new utility
charges.
However,
if the landlord wants to, she can force the tenant to pay for utilities
even if the tenant doesn't want to or doesn't agree to pay. If the
tenant fails or refuses to pay the new utility charges, the landlord
may have grounds to evict the tenant from the park. Therefore, a tenant
should seek legal advice before refusing to pay for utilities after the
landlord requests that the tenant begins paying for them.
Tenant Responsibilities
The Tenant Must:
Pay the rent.
Comply
with the written rental agreement (including the Park Rules) and all
laws, including local and state health and sanitation laws listed in
the Washington Administrative Code. The local city or county health
officer must enforce these rules and may fine a violating tenant or
landlord. (See landlord's duties, below).
Maintain the mobile home lot and dispose of garbage in a sanitary manner.
Get rid of cockroaches and other insects or animals that are present on the tenant's lot because of the tenant.
The Tenant Must Not:
Destroy, damage, or remove park property or any facilities or equipment provided by the landlord;
Use the property in a way that annoys, disturbs, or endangers the health of other property users; or,
If a tenant violates one of these obligations or prohibitions, the landlord may be able to evict the tenant from the park. See RCW 59.20.140 for the law regarding tenant duties.
Landlord Responsibilities
The Landlord Must:
Maintain
the common areas used by all tenants to keep the common areas safe from
fire and other dangers and free of plant growth that is harmful to the
health of tenants.
Get
rid of cockroaches and other insects and animals that endanger the
health and safety of tenants when the insects, etc. live on the mobile
park areas used by all the tenants or move to the mobile homes because
of infestation of these premises.
Comply
with all laws relating to the mobile home park, including local and
state health and sanitation laws. (See tenant responsibilities, above).
Prevent damage from standing or moving water.
Maintain all utilities provided to the mobile home up to the point of hookup;
Maintain the roads within the park.
Notify
each tenant within 5 days after a petition has been filed by the
landlord for a change in the zoning of the land where the park is
located. The landlord also must make a description of the change
available to the tenant.
Respect the privacy of tenants. A landlord must try and notify a tenant before coming onto the mobile home lot to inspect or for another lawful purpose. The landlord may not enter a mobile home itself
without prior written consent from the tenant unless there is an
emergency or unless the tenant has abandoned the mobile home. The
tenant may revoke his consent in writing at any time.
The Landlord Must Not:
Restrict
tenants' freedom to buy goods and services (such as cable TV access) or
unreasonably restrict access to the mobile home park for such purposes.
Deny a tenant the right to sell the tenant's mobile home in the park; (See section, Selling the Mobile Home below).
Require a tenant to remove the mobile home from the park if it is sold.
Prohibit
tenant meetings to discuss mobile home living and affairs, if such
meetings are held at reasonable times and in an orderly manner.
Penalize any tenant for participation in tenant activities.
Charge any tenant a utility fee higher than the actual cost.
Intentionally end or interrupt a tenant's utility services unless it is necessary to make repairs.
Remove
or exclude a tenant from the mobile home lot without following the
Mobile Home Landlord/Tenant Act or without a court order.
Prevent
the entry into the park or require the removal of a mobile home from
the park for the sole reason that the mobile home has reached a certain
age. However, the landlord may be able to exclude a home because of
other reasons, including "fire and safety concerns." (RCW
59.20.070(8)). It is not clear what exactly might be legitimate "fire
and safety concerns."
Deny
a tenant the right to share the home with an adult caregiver if the
tenant's doctor requires that in-home care. The park owner may not
collect guest fees or charge additional rent for the caregiver.
Transfer
responsibility for the upkeep and repair of permanent buildings within
the mobile home park such as the clubhouse, carports, or storage sheds
to the tenants of the park. If the rental agreement contains any
provision that makes upkeep and repair of these permanent structures
the responsibility of the tenants, the landlord cannot enforce that
section of the agreement.
Come
onto the tenant's lot at unreasonable times or in a way that interferes
with the tenant's right to quiet enjoyment of the property. Before
coming onto a mobile home lot, the landlord must make reasonable
attempts to notify the tenant of the entry. (RCW 59.20.130(7)).
See RCW 59.20.130 for the law regarding landlord duties.
Recent
changes to the law include a provision whereby a tenant can file a
complaint with the Attorney General's office if the landlord has
violated the MHLTA. The AG will investigate complaints, attempt
mediation between the parties, set a time frame for the violator to
come into compliance and set fines of up to $250/day for continuing
violations.
Attorney General's Manufactured Housing Dispute Resolution Program
1-800-924-6458 www.atg.wa.gov/mhdr.aspx
Tenant's Remedies for Landlord's Failure to Repair
As
stated above, the landlord has the responsibility to maintain the
common areas used by all tenants; get rid of pests in common areas;
comply with all local and state health, safety and/or sanitation laws;
prevent damage from standing or moving water; maintain all utilities
provided to the mobile home up to the point of hookup; and maintain the
roads within the park.
Even though the Landlord has the legal duty to maintain and repair the
roads and common areas used by all tenants, a landlord may not be
legally obligated to repair a problem if the tenant, the tenant's
family, or the tenant's guest created it.
When the landlord does not maintain the property as required, the
tenant can do several things, which are explained in the following
sections.
NOTE:
In order to exercise repair and maintenance rights under the MHLTA, the
tenant must be current in the payment of rent and all utilities that
the tenant has agreed to pay in the rental agreement. (RCW 59.20.240).
To force a landlord to fix a problem that the landlord is responsible for, the tenant should take the following actions:
Deliver
a written notice or letter regarding the problem to the landlord, even
if the landlord already knows about the needed repair. The notice or
letter must state the property involved, the name of the owner, and the
nature of the repair needed. (RCW 59.20.200).
The
notice or letter must be personally delivered to the landlord, mailed
to the address stated in the rental agreement, or taped, pinned or
otherwise posted at the landlord's residence and mailed. (RCW 59.20.150(2)).
(The landlord also must use these procedures to give notices to the
tenant. Be sure to keep a copy of all notices, both to and from the
landlord.)
After the landlord receives the notice, the landlord must begin to repair the problem:
a. within 24 hours if the problem is life-threatening;
b. within 48 hours if the problem is a lack of water or heat;
c. within 7 days in the case of keeping the common areas safe; and
d. within 30 days in all other cases.
If
the landlord cannot repair within these time periods because of
circumstances beyond the landlord's control, the repairs must be
completed with all reasonable speed.
If the landlord does not respond as required, the tenant may either:
file a lawsuit, arbitrate, or mediate.
move out.
repair and deduct.
There
is an official complaint process you may use if you believe your
landlord fails to deal with maintenance or repair issues in the time
frames listed above. To file a complaint, call The Office of the
Attorney General’s Manufactured Housing Dispute Resolution
Program at 1-866-924-6458.
Lawsuits or Arbitration:
The tenant may prefer to remain on the mobile home lot and force the
landlord to do the repairs through a third party. In litigation or
arbitration, the judge or arbitrator may decide several things
including: 1) whether the problem has lessened the value of the mobile
home lot; 2) whether the tenant's rent should be lowered because of the
problem; and/or 3) whether the tenant should get a rent refund and
more. You can find out more about filing a lawsuit by visiting or
calling your county courthouse or looking at the court's web site on
the Internet. A directory of county court web sites is available at: http://www.courts.wa.gov/appellate_trial_courts/?fa=atc.crtPage&crtType=Super
Mediation: Mediation
is a process of resolving problems through a neutral third party,
called a mediator. The landlord and tenant may agree to mediate before
exercising their right to arbitration. (RCW 59.20.250).
At a mediation conference, the mediator will help the landlord and
tenant understand the issues involved and agree on a solution to their
problems. If they agree, then the mediator will help them write and
sign a legally binding contract. The mediation process is usually
faster and less expensive than a trial. See the Northwest Justice
Project publication titled Mediation, available on the Internet at http://www.lawhelp.org/documents/1403313226EN.pdf?stateabbrev=/WA/
A county Dispute Resolution Center can suggest impartial mediators.
A
judge or arbitrator can end the tenancy if the repair or maintenance
problems are so bad that the landlord cannot fix them within the time
period of RCW 59.20.200
(above). In some circumstances, the tenant may give written notice and
move out immediately. Be sure to consult a lawyer to ensure that all
the required procedures are followed before simply moving out. (If you
are low-income, call CLEAR at 1888-201-1014 for free legal advice
regarding moving out.)
This
is a risky and complicated step. It may be done only when the tenant
has paid rent and utilities in full. Repair and Deduct allows the
tenant to obtain bids for the repair, to then have the work done, and
to subtract the repair costs from the rent. (RCW 59.20.210(2)). Costs for work done on a mobile home itself cannot be deducted.
Repair and deduct can be used only if the detailed steps for giving
notice to the landlord (see above) are closely followed. In addition to
the notice letter, the tenant must also give the landlord at least two
(2) estimates of the cost of the repairs. A tenant may not deduct more
than one month's rental amount in any 12-month period. Tenants may not
pool their repair problems and use repair and deduct together. Except
for this very limited right to repair and deduct, a tenant has no right
to not pay rent. In fact, not paying rent may destroy a tenant's good
case against a landlord and the tenant may be evicted for non-payment
of rent. Because of the many
hazards that can arise in using the repair and deduct option, it is
highly advised that you call a lawyer for help before you take any of
these steps. (Please call CLEAR at 1-888-201-1014).
A
tenant may end the tenancy by notifying the landlord in writing one
month before the end of the rental period of the intent not to renew. (RCW 59.20.090(3)).
If the tenant does not send a written notice one month before the end
of the term, the rental agreement will renew again automatically.
If the tenant changes jobs and must move, the tenant may terminate the rental agreement with 30 days' written notice. (RCW 59.20.090(4)).
If the landlord is able to rent the lot, the tenant will not be
responsible for rent following the end of the 30 days. If the landlord
is unable to rent the lot at a fair rental price after a reasonable
attempt to do so, the tenant owes rent until the lot is rented or the
original rental term ends.
Tenants who are members of the armed forces may end a rental agreement
with less than 30 days' notice if they receive reassignment orders that
do not allow greater notice. It is a good idea to give a copy of the
orders to the park owner.
When tenants move out of the mobile home park, they may take any items
or property that they purchased and installed on the lot, except a
natural lawn. Tenants must leave the lot in substantially the same
condition as it was when they moved in. (RCW 59.20.100).
The landlord may terminate or refuse to renew a tenancy only for reasons listed in RCW 59.20.080.
Usually, a landlord must "serve" the tenant with one of the written
notices listed below before the landlord can try to evict the tenant.
The reasons a landlord can evict and the required written notices are:
Nonpayment of rent and other charges:
5 day written notice to pay rent and/or other charges or vacate. If the
tenant fails to pay the rent and/or other charges within the 5-day
period after receiving this notice, the landlord may evict the tenant.
The landlord may also evict if the tenant fails to pay rent or other
charges three (3) or more times in any 12-month period after service of
a five day notice to pay rent or vacate. The 12-month period begins
with the date of the first notice.
Creating a Nuisance:
5 day written notice to cease a nuisance or vacate. (A "nuisance" is a
use of the lot that severely disturbs the enjoyment of the park by
other tenants). If the nuisance materially affects the health, safety
and welfare of other park residents, the landlord may give the tenant a
notice to stop. If the tenant doesn't stop immediately, the landlord
may end the tenancy and require the tenant to get out of the space in 5
days. Note that the tenant must stop the nuisance immediately and not
just within the 5-day period.
Failure to Comply with Laws:
15 day written notice to comply or vacate. If a tenant continues to
violate laws relating to mobile homes after receiving a 15-day notice
from either the landlord or a governmental agency, the landlord may
evict the tenant. The landlord is allowed to evict a tenant for "fire
and safety concerns" regarding the tenant's home. However, if your
landlord is trying to evict you on this basis, you should contact an
attorney or CLEAR (1-888-201-1014).
Violation of the Rental Agreement or Park Rules:
15 day written notice to comply or vacate. A landlord may evict a
tenant if the tenant substantially, repeatedly, or periodically
violates provisions of the rental agreement or park rules. In order to
evict the tenant, the landlord must give the tenant a written notice to
comply or vacate within 15 days and explain specifically how the tenant
violated the rental agreement or rule.
If
the landlord is trying to evict the tenant for violating the rental
agreement or park rules, the landlord and tenant must submit the
dispute to mediation. To
begin the process, the parties must submit the dispute to mediation
within five days of the notice. Furthermore, both the landlord and the
tenant must participate in the mediation process for at least ten days.
If the landlord fails to mediate in good faith, the tenant may use that
failure in court as a defense to the eviction.
Additionally, if the landlord serves three (3) of these 15 day notices
to comply or vacate within a 12-month period (beginning on the date of
the first notice), then the landlord may evict the tenant on this basis
alone. Presumably, the notices must have been legitimate and properly
served upon the tenant.
Engaging in Disorderly or Substantially Annoying Conduct:
15 day written notice to comply or vacate. A landlord may evict a
tenant who continues to engage in disorderly or substantially annoying
conduct on the park premises after the tenant receives written notice
from the landlord, if such activity infringes on the rights of others
to the enjoyment and use of the premises. The tenant must cease the
activity immediately after receiving the notice or vacate the property
within 15 days.
Criminal Activity or Conviction:
If a tenant or occupant of a mobile home commits or is convicted of a
crime that threatens the health, safety, and welfare of other tenants,
the landlord may attempt to evict the tenant or occupant without providing any eviction notice.
The seizure of illegal drugs inside a mobile home or on a mobile home
lot is evidence of a crime and may be sufficient grounds to support an
eviction. If a tenant has been required by law to register as a sex
offender, he or she may be evicted as well.
Closure of Park or Change of Land Use:
12 month written notice: If the landlord intends to no longer use the
mobile home park land as a mobile home park, and change the land use,
then the landlord may end all of the tenancies in the park with a
12-month notice. There are very specific requirements for such notice
and so any tenant receiving a notice from a park owner that says that
the park will be closing should immediately contact CLEAR
(1-888-201-1014) or another attorney. For more information about park
closures see the section of this pamphlet titled "Park Closures and
Financial Assistance to Move."
Misstatement on the Rental Application:
If the tenant misstated an important fact on the rental application and
the park owner approved the tenancy based on the false statement, then
the landlord may evict the tenant. However, the landlord must act upon
this misstatement within the first year of tenancy.
Service of three five day notices to pay rent or vacate or three fifteen day notices to comply or vacate:
As discussed above, a park owner may be able to evict a tenant if the
park owner has served the tenant with three (3) valid five day notices
to pay rent or vacate or three (3) valid fifteen day notices to comply
or vacate within a 12-month period. The 12-month period starts on the
day the landlord serves the first of the three notices. Presumably, the
park owner must show that the three notices were properly served on the
tenant and that allegations in each of the three notices were true.
NOTE: The landlord may not evict a tenant for no reason. The landlord may only evict for the reasons set forth above.
In order to rely on one of the notices listed at RCW 59.20.080
to support an eviction, a landlord must properly "serve" or deliver the
eviction notice to the tenant. There are only two ways the landlord can
deliver the notice: (1) hand deliver or "personally serve" the tenant
with the notice; or (2) post a copy of the notice on the mobile home and mail a copy to the tenant. (RCW 59.20.150(1)). If the landlord does not precisely use one of these two methods of service, the eviction notice should be invalid.
NOTE:
the landlord cannot properly serve the tenant by giving a copy of the
notice to someone other than the tenant who is present in the mobile
home. The "tenant" is the person who rents the mobile home lot and/or
signs the rental agreement. (RCW 59.20.150(1)).
Unlawful
Detainer is the name of the court process used to evict tenants. It is
a very fast process. If the tenant is served with legal papers, he or
she should contact a lawyer immediately. If the tenant cannot afford a
lawyer, Northwest Justice Project has do-it-yourself packets for
answering eviction papers. See our publication Eviction and Your Defense, available online at http://www.washingtonlawhelp.org (click on "Housing" and then "Eviction").
The landlord may end the rental agreement or refuse to renew it for any
of the reasons given above. However, regardless of which reason the
landlord uses to evict a tenant, the basic legal steps the landlord
must take to remove the tenant from the property are the same.
A landlord may not remove or keep a tenant out of the space without a court order unless the tenant does not pay the rent and by words or actions abandons the tenancy.
To get into court to evict the tenant, the landlord must do three things:
give the tenant a written eviction notice;
allow the time stated in the eviction notice to expire; and
then give the tenant a Summons and Complaint.
A
Summons and Complaint are official documents telling the court who the
parties in a dispute are and what at least one party (in this case, the
landlord) believes the problem is. A tenant should contact a lawyer immediately if served with these court papers. (Call CLEAR at 1-888-201-1014.) The tenant must
answer the Complaint in writing by the deadline written in the Summons,
or else the landlord can win in court automatically. Read all court
papers carefully and follow their instructions. Go to court and defend.
As an alternative to court, the tenant may contact the landlord or the
landlord's attorney and negotiate an agreement.
The
landlord may not evict a tenant, end a rental agreement, refuse to
renew a rental agreement, increase rent or other tenant obligations,
decrease services, or change the park rules in response to any of the
following actions taken by the tenant in good faith:
filing a complaint about a landlord's violation of the law;
If
the landlord ends the rental agreement, increases the tenant's
obligations, or decreases services within 120 days after the tenant
does any of these things, then the landlord is presumed to be
retaliating against the tenant.
The tenant may use the landlord's presumed retaliation as a defense if
the landlord tries to evict the tenant. If the landlord has tried to
evict the tenant within 120 days of the tenant taking one of the
actions listed above; the landlord must prove that there was a
legitimate reason other than retaliation for trying to evict the
tenant. (RCW 50.20.075).
If the landlord's action occurred more than 120 days after the tenant
took one of the actions listed above, the tenant will be responsible
for proving that the landlord acted in retaliation against the tenant.
Proving that the landlord intended to retaliate can be very difficult
without a witness or documents that support the claim of retaliation.
NOTE:
It is important for tenants to know that the same rule applies if the
tenant complains after the landlord proposes a rent increase. If the
landlord announces a proposed rent increase and then within 120 days
after the announcement, the tenant files a suit or makes a complaint,
the law will presume that the tenant did not act in good faith.
If
the tenant sells or transfers ownership of the mobile home, and the new
owner wants to stay in the park, the tenant also may transfer the
rental agreement, including the rules of the park, to the new tenant. (RCW 59.20.073).
If the tenant intends to transfer the rental agreement to another person the following things must be done:
The tenant must notify the landlord in writing 15 days in advance of the transfer.
Also,
the tenant must explain to the new tenant in writing the provisions of
the Mobile Home Landlord Tenant Act that apply to the transfer of
rental agreements.
The
tenant must inform the landlord in writing that all the rent and
appropriate taxes and expenses due on the mobile home and lot have been
paid.
The new owner must apply to the landlord for the transfer.
The
landlord may not unreasonably withhold consent to the transfer. Any
refusal must be in writing at least 7 days before the transfer. If no
written refusal is given within this time period, the landlord is
presumed to have approved the transfer.
A
recent change to the MHLTA allows a landlord to require that the mobile
home meet "applicable fire and safety standards" as a condition on any
transfer of a rental agreement. It is not clear what might be
"applicable fire and safety standards". (RCW 59.20.073(4)).
If your landlord attempts to block a transfer or sale of your home on
this basis, you should contact a lawyer or call CLEAR at
1-888-201-1014.
Although
a landlord may withhold consent to the transfer, the landlord must
disapprove of the purchaser on the same basis that the landlord
disapproves of any new tenant.
The
new tenant will have the same rights and responsibilities that the old
tenant had under the written rental agreement, park rules, and the
Mobile Home Landlord/Tenant Act. The landlord may not change the terms
of the rental agreement at the time of transfer.
NOTE: Read RCW 59.20.073
before you attempt to sell your home, and carefully follow the steps
that it lays out. The tenant must follow these steps before selling his
or her home, or else a landlord can legally disapprove of the attempted
sale or transfer of the rental agreement. If you have any questions
contact CLEAR or another attorney for advice.
If
a landlord intends to permanently close a mobile home park, he must
give each homeowner at least 12 months written notice as discussed
above. In addition, the park owner must give a copy of the notice to
the Office of Mobile/Manufactured Housing.
The
park owner must record the notice in the county auditor's office and
must post a copy of the notice at all entrances to the park. (See RCW 59.21.030).
The park owner's failure to follow any or all of these steps may render
the notice invalid. If a tenant receives a notice of this sort, the
tenant should contact a lawyer immediately. (Call CLEAR at
1-888-201-1014).
After receiving a 12-month notice, the tenant may become eligible to
receive money from the state to help move his or her mobile home to a
new park. In order to receive this money the tenant must fill out an
application with the State Office of Mobile/Manufactured Housing. To
get an application, the tenant should call 1-800-964-0852. After the
move, the state will reimburse the tenant for all actual moving costs
up to a maximum of $12,000 for a double-wide mobile home and $7,500 for
a single wide. The state may even be willing to make arrangements with
mobile home moving companies in advance to assure that the payment for
the move will be made by the state, so that mobile home owners do not
have to pay the moving costs from their own money before moving.
The fund of money available to tenants to help them move is currently
depleted, though money is put into the account every month. In the very
near future, there may no longer be money in the fund to assist tenants
with moving expenses. Therefore, it is very important that if a tenant
receives a 12-month notice, he or she contacts the Office of
Mobile/Manufactured Housing right away to apply for moving assistance.
Park
owners are not required to give tenants an opportunity to purchase a
park before the park owner can sell the park to anyone of his or her
choosing.
However, if tenants find out that the owner of their park is thinking
about selling the park, they may want to band together to try and
purchase the park from the owner. The Office of Mobile/Manufactured
Housing and other agencies or organizations may be able assist tenants
and tenant organizations with purchasing their parks by making loans or
providing technical assistance. For more information, contact CLEAR,
another attorney or the Office of Manufactured Housing at the telephone
number or address listed on the last page of this pamphlet.
The
MHLTA is not the only law governing a tenancy in a mobile home park.
Contract, tort, and constitutional law, as well as local county and
city laws, may also apply.
Federal and state laws prohibit discrimination in housing based on
race, gender, religion, sexual orientation, and disability. These laws
apply to mobile home parks as well as other dwellings and they contain
important protections for families with children.
Tenants who feel discriminated against should contact the state Human Rights Commission.
NOTE: You may want to check with your local County or Municipal Human Rights commission office.
Mobile
home manufacturers in Washington State must comply with the
manufactured housing construction rules set by federal law. See our
publication Purchasing a Manufactured Home. (To find this publication on the Internet, go to http://www.washingtonlawhelp.org
then click on "Housing," then "Mobile Home Park Tenants," then "Know
Your Rights Before Purchasing a Manufactured Home.") For more
information on these rules, contact the Department of Housing and Urban
Development (HUD) at 1-800-927-2891. If the mobile home has problems, a
buyer may be able to take legal steps against the seller, including
getting out of the sale and returning the home.
If you want to buy an older mobile home, you may consider getting a
fire and safety inspection before buying it. Contact the local building
department for more information.
The
Department of Labor & Industries enforces manufactured housing
safety and construction rules in this state. To report a violation of
these laws, a buyer may contact the Department at the number on the
last page of this publication.
Homestead Rights
Homestead
rights protect a mobile home owner from having a person to whom he or
she owes money sell the mobile home to collect on the debts. If the
owner uses the mobile home as a permanent residence, then the value of
the mobile home or the first $40,000 in value, whichever is less,
cannot be touched by creditors.
Homestead Rights do not protect a mobile home owner from debts owed as
a result of work upon the mobile home or for materials used to make
improvements or repairs on the mobile home. Homestead rights will also
not protect the mobile home owner from debts owed as a result of using
the home as collateral for a loan.
A tenant cannot give up homestead rights in a lease. If a tenant falls
behind on rent, the landlord may ask the tenant to give up the
homestead rights to avoid an eviction. This is a very serious decision.
Do not waive homestead rights without first talking to a lawyer. Call
CLEAR at 1-888-201-1014.
Attorney General's Manufactured Housing Dispute Resolution Program
1-800-924-6458 www.atg.wa.gov/mhdr.aspx
Coordinated Legal Education Advice and Referral (CLEAR), 1-888-201-1014.
CLEAR is a toll-free hotline for qualified low-income people staffed by
trained paralegals and lawyers who can answer legal questions and
provide appropriate referrals.
Office of Manufactured Housing
Washington State Community Trade and Economic Development
P.O. Box 42525
Olympia, WA 98504-8350
1-800-964-0852 http://www.cted.wa.gov/
Washington State Human Rights Commission Fair Housing Unit
Melbourne Tower
1511 Third Ave., Suite 921
Seattle, WA 98101-1626
1-800-605-7324
The
information is current as of the date of printing, 2007. Laws change,
so speak with a lawyer to insure that this publication is still
accurate, or call the Office of the Attorney General at the number
provided above.
6380EN
Last Reviewed On: 07/18/07
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