Unlawful Detainer Actions Defense Checklists - · PDF fileUnlawful Detainer Actions Defense...

Unlawful Detainer Actions

Defense Checklists

1. Summons & Complaint

2. Procedural

3. Substantive

4. Public Housing

5. Manufactured/Mobile Homes

Updated 12/2013

SUMMONS and COMPLAINT CHECKLIST SUMMONS CHECKLIST Does the Summons: ⊂ State the name of the parties, attorneys (if any) and the court. RCW 59.12.080, RCW 59.18.365(1) ⊂ State the nature of the action and relief sought. RCW 59.12.080, RCW 59.18.365(1) ⊂ Give a specific return date. RCW 59.12.080, RCW 59.12.070, RCW 59.18.365(1) ⊂ Give a return date between 7 – 30 days from the service. RCW 59.12.070 ⊂ Warn that failure to appear will result in default. RCW 59.12.080, RCW 59.18.365(1) ⊂ Give a street address where answer can be served and a FAX number (if available). RCW 59.18.365(1) ⊂ Additional language requiring payment into court registry/sworn statement that amount of rent asked for in complaint is not owed. RCW 59.18.375(7)(b) COMPLAINT CHECKLIST Does the Complaint: ⊂ Set forth facts on which relief can be sought. RCW 59.12.070 ⊂ Describe the premises. RCW 59.12.070 ⊂ State the amount owed (nonpayment cases). RCW 59.12.070 ⊂ Contain a signature. CR 11 ⊂ Contain the date. CR 11 ⊂ Allege service of eviction notice (if eviction notice is required). .375 CHECKLIST Does the .375 Notice: ⊂ Contain the language required by RCW 59.18.375(7) SERVICE OF SUMMONS AND COMPLAINT CHECKLIST ⊂ Personal Service to defendant or RCW 59.12.080; CR 4(d), RCW 4.28.080(15) ⊂ Substituted service, – left with a RCW 4.28.080(15) ⊂ Person of suitable age or discretion ⊂ Who resides therein or ⊂ Alternative service. RCW 59.18.055 ⊂ Affidavit of due diligence. ⊂ Court order authorizing alternative service. ⊂ Posted and mailed (certified and regular). ⊂ 9-day minimum return date. ⊂ Service not by a party (can be by employee or attorney). CR 4(c) ⊂ Affidavit of service on file if landlord obtained a default judgment. CR 55 ⊂ Review affidavit of service.

Updated 1/2014

Procedural Defenses (in an unlawful detainer action under RCW 59.12 and 59.18)

Issue Analysis Authority

Is tenant in possession? (Has

the tenant returned the keys?)

Court only has jurisdiction to decide limited issue of possession: 1. If tenant moved out prior to service or filing

the case, the complaint should be dismissed. 2. If tenant moved out after service or filing of complaint but before the show cause hearing, the landlord can convert the action to ordinary civil suit for damages.

Kelly v. Powell, 55 Wn. App 143, 149, 776 P.2d 996, 999 (1989) Kessler v. Nielsen, 3 Wn. App. 120, 127, 472 P.2d 616, 621 (1970) Munden v. Hazelrigg, 105 Wn. 2d 39, 45-6, 711 P.2d 295, 298 (1985)

Is action filed in proper court?

Superior court has exclusive jurisdiction over unlawful detainer actions.

WA Const. Art. 4, § 6; RCW 2.08.010

Is action filed in proper venue (or case assignment

area)?

If L/L files case in improper venue (or case assignment area), tenant may request that case be transferred to proper venue.

CR 82(b); CR 12; LR 82

Was proper notice served prior to

commencement of action?

L/L may not avail itself of the jurisdiction of the court if L/L has failed to properly serve tenant a proper unlawful detainer notice under RCW 59.12.030 prior to commencement of action. Present the court with a Motion to Dismiss. In Seattle, L/L’s failure to also comply with notice requirements under Seattle’s Just Cause Eviction Ordinance, SMC 22.206.160.C, requires dismissal of case. Types of Notices: 1. 3-day notice to pay or vacate

2. 14-day notice to pay or vacate public housing 3. 3-day notice for waste, unlawful business or

nuisance 4. 3-day notice for occupying property without

color of title 5. 10-day notice to comply or vacate

6. 20-day notice to terminate 7. 30-day notice of non-compliance

Sowers v. Lewis, 49 Wn.2d 891, 895, 307 P.2d 1064, 1066 (1957); Housing Authority v. Terry, 114 Wn.2d 558, 563-64, 789 P.2d 745, 769 (1990) Housing Authority v. Silva, 94 Wn. App. 731, 736, 972 P.2d 952, 955 (1999) See Substantive Defense Chart: 10 and 20 day notice Section. RCW 59.12.030(3) 24 C.F.R. § 966.4(k)(3)(i)(A) RCW 59.12.030(5) RCW 59.12.030(6); RCW 59.12.030(4) RCW 59.12.030(2); RCW 59.18.200(1)

RCW 59.18.180(1)

Updated 1/2014





CONTINUED

No notice required: 1. If tenant had a lease for a specified term and

term expired. 2. Non-judicial foreclosure of deed of trust:

a. Borrower/Grantor: If B/G served notice of default at least 30 days before notice of sale and then B/G served with notice of sale at least 90 days before trustee’s sale, purchaser (at trustee’s sale) may initiate unlawful detainer action 20 days after sale without further notice.

b. Occupant/Tenant: Must receive 1. Notice of trustee’s sale And, after sale, must receive 2. 60 day notice (state law). Owner may

only evict during notice period for waste or nuisance. Arguably may not evict for non-payment of rent.

AND 3. 90 day notice (federal law) New owner may commence unlawful detainer action once notice period lapses. However, if the O/T has an unexpired lease agreement, the new owner must assume the lease for its remainder unless s/he intends to move into the property.

RCW 59.12.030(1); RCW 59.18.220; Savings Bank of Puget Sound v. Mink, 49 Wn. App. 204, 206, 741 P.2d 1043, 1044 (1987); see also RCW 61.24.030 and .040 and .060 RCW 61.24.040(f), RCW 61.24.060 State: RCW 61.24.143; RCW 61.24.146. Federal: 12 U.S.C. Sec. 5220 (notes); 42 U.S.C. Sec. 1437f(o)(7)(C)

Updated 1/2014



Was notice properly served?

L/L must serve tenant in following manner: 1. First, attempt personal service.

2. If tenant absent, leave copy with person of

suitable age & discretion and mail.*

3. If no one home, post notice in conspicuous place & mail.*

*Add 1 day if notice is mailed before commencement of unlawful detainer action. If L/L does not attempt 1 and 2 before 3 L/L has not followed statutory requirements. Non-judicial foreclosure of deed of trust:

a. Borrower/Grantor:

i. Notice of default sent to B/G’s last known address by first class mail & registered or certified mail and posted in conspicuous place on premises or personally served on B/G.

ii. Notice of sale must be recorded,

served by first class mail & certified or registered mail and posted in a conspicuous place on property or served on any occupant of property.

b. Occupant/Tenant:

i. Notice of sale must be recorded and

posted in a conspicuous place on property or served on any occupant of property

ii. Written notice to vacate must be “given” to tenants who are in possession of a property at the time the property is sold. The manner in which the notice should be served is not articulated

RCW 59.12.040; Christensen v. Ellsworth, 162 Wn. 2d 365, 173 P.3d 228 (2007)(3 days includes weekends/holidays) RCW 59.12.040 RCW 61.24.040 RCW 61.24.030(8) RCW 61.24.040(1)(a), (b) and (e) RCW 61.24.040(1)(a) and (e) RCW 61.24.146; 12 U.S.C. 5220 (Notes)

Was notice properly served?

CONTINUED

Updated 1/2014



Were summons & complaint properly

served?

Tenant must be personally served with filed or un-filed summons & complaint. 1. Personal service: Accomplished by serving

tenant personally or leaving copy of summons & complaint at tenant’s home with some person of suitable age and discretion residing therein. To be a “Resident” the person must be more than a house sitter or visitor.

2. Alternative service: Upon filing affidavit

Showing due diligence in trying to personally serve tenant, L/L may serve summons & complaint by posting and mailing by regular & certified mail, not less than 9 days from return date stated in summons.

If service by alternative service, L/L can only be awarded possession, i.e., no judgment for money damages.

CR 4(d); RCW 4.28.080(15) Saltes v. Estes, 133 Wn.2d 160, 170-71, 943 P.2d 275, 280 (1997).Weiss v. Glump, 127 Wash.2d 726 (1995)(statutory service requirements must be complies with before court can adjudicate dispute). RCW 59.18.055(1)(a) and (1)(b) RCW 59.18.055(1)(b)

Was proper summons form

used?

Is there a .375 Notice requiring payment into the court registry?

RLTA requires special summons in unlawful detainer action. Rent Certification: If tenant is being evicted for nonpayment of rent, a separate pleading (can be served with or after summons and complaint) requiring payment of rent into court registry (IN ADDITION TO FILING ANSWER) or alternatively, filing a sworn statement denying that tenant owes amount alleged to be owing may be served. L/L entitled to writ of restitution for possession if tenant failed to comply with the RCW 59.18.375 requirements. However, tenant may be entitled to a trial on the merits of defenses regarding money damages. (Tenant may still be able to assert defenses as to the personal and subject matter jurisdiction). If tenant appeared in any way, then L/L must give tenant notice of the default hearing at least five (5) days in advance.

RCW 59.18.365 (provides example of proper summons) Truly v. Heuft, 138 Wash. App. 913, 918, 158 P.3d 1276 (2007) RCW 59.18.375 RCW 58.18.375(6) Duvall Highlands LLC v. Elwell, 104 Wn. App. 763, 767-68, 19 P.3d 1051, 1053-4 (2001). RCW 59.18.375(3) CR 55(a)(3)

Updated 1/2014



Does proper return date appear on

Summons?

Summons must specify return date of not less than 7 days nor more than 30 days from date of service of summons. Tenant may serve answer by fax. L/L must list a street address where answer can be delivered. 1. Personal service: Statute permits response

date on summons to be between 7 – 30 days. 2. Alternative service: Response date must

not be less than 9 days from date of service of summons and complaint.

• Must file certification for alternative service,

send by regular mail, and post • No money judgment can be entered until court

has jurisdiction over the defendant.

RCW 59.12.070 RCW 59.18.055

Did tenant receive sufficient notice of

show cause hearing?

Show cause hearing scheduled 7 – 30 days after service of the Order to Show Cause

RCW 59.18.370

Substantive Defenses (in unlawful detainer action under RCW 59.12 and 59.18)


Updated 1/2014

3-DAY NOTICE

(to pay or vacate)

1. Notice must state “pay or vacate.” Failure to state “pay or vacate” renders notice invalid for conferring unlawful detainer jurisdiction. 2. Notice must state amount allegedly owed and be a good faith estimate of actual amount owing. 3. Tenant tendered rent owing within 3 day period. LL’s refusal of proper tender of rent can be raised as a defense. 4. Waiver: Generally, when LL accepts rent with knowledge that tenant has breached terms of tenancy, LL waives right to evict tenant based on breach(es) and must wait until breach(es) continues or new breaches occur. Non-waiver clauses: LL does not waive right to evict if lease includes express stipulation between the parties that LL’s acceptance of rent does not waive LL’s right to declare a forfeiture for prior breaches. a. LL waives right to evict if accepts undisputed amount of rent within notice period. b. No waiver if LL accepts partial payment of rent after notice period.

RCW 59.12.030(3); Housing Authority v. Terry, 114 Wn.2d 558, 789 P.2d 745 (1990)(strict compliance with unlawful detainer statute is jurisdictional prerequisite) Foisy v. Wyman, 83 Wn.2d 22, 32-33, 515 P.2d 160 (1973) International Indus. Inc. v. United Mortgage Co., 96 Nev. 150, 606 P.2d 163 (1980)(citing Thrifty Supply Co. v. Deverian Builders, 3 Wn. App. 425, 475 P.2d 905 (1970)(payment established by receipt of funds by creditor)) Wilson v. Daniels, 31 Wn.2d 633, 198 P.2d 496 (1948) Wilson v. Daniels, supra. Duvall Highlands LLC v. Elwell, 104 Wn. App. 763, 768, 19 P.3d 1051, 1054 (2001) Hwang v. McMahill, 103 Wn. App. 945, 953, 15 P.3d 172, 177 (2001) Housing Resources 92 Wn. App. 394Group v. Price, , 958 P.2d 327 (1998)



Updated 1/2014

3-DAY NOTICE

(to pay or vacate)

continued

c. No waiver if LL accepts rent after a 3-day notice if LL applies receipts to earliest rent first and there is still some rent owing for period before the notice. d. LL waives right to evict tenant for prior/older defaults in rent when tenant tenders current rent owing within notice period. However, LL may obtain money judgment for older rents due. e. LL waives right to proceed with unlawful detainer action if accepts (undisputed) rent, late fees, and attorney’s fees after service of summons and complaint. 5. Set-offs: (e.g. costs of repairs made by tenant, value of work performed by tenant at LL’s request) equals or exceeds rent allegedly owed. 6. Warranty of habitability: Set-offs based on violation of warranty of habitability equals or exceeds rent allegedly owed. Tenant not required to be current in rent or have previously provided LL with written notice of violates to raise defense. However, LL must have knowledge of the alleged defects. 7. Deposit paid by tenant should be applied towards rent if amount is equal or exceeds rent owing. Deposit should be applied towards rent rather than treated as a “deposit” because LL collected a deposit but failed to execute written rental agreement and provide tenant with written checklist describing condition of property at commencement of tenancy.

Housing Resources Group v. Price, 92 Wn. App. 394, 958 P.2d 327 (1998) MH2 v. Hwang, 104 Wn. App. 680, 16 P.3d 1272 (2001) Housing Authority v. Newbigging, 105 Wn. App. 178, 187, 19 P.3d 1081, 1086 (2001) RCW 59.18.380 (provides tenant may assert any setoffs at show cause hearing) Foisy v. Wyman, 83 Wn.2d 22, 34, 515 P.2d 160 (1973) RCW 59.18.260



Updated 1/2014

3-DAY NOTICE

(for nuisance, waste or unlawful

business)

Tenant did not engage in nuisance, waste or unlawful business on premises. a. Nuisance requires a substantial interference with another person’s use of the property, a physical discomfort which is of some duration. However, a single incident of drug-related activity, an assault which leads to an arrest, or unlawful use (including threat) of firearm or deadly weapon which leads to an arrest constitutes a nuisance. Tenant should be given opportunity to comply for other alleged nuisances. Tenant may be evicted for drug-related activity of subtenant, sublessee, resident or anyone else who engaged in drug-related activity at rental property with knowledge or consent of tenant. b. Waste requires substantial damage to premises. c. Unlawful business means tenant operated prostitution, gambling, or business not properly zoned or licensed on premises.

RCW 59.12.030(5); RCW 59.18.130(5) Tarr v.Hopewell Community Club, 153 Wash. 214, 279 P. 594 (1929)(delinieates factors to consider to determine nuisance); RCW 59.18.130(6) and RCW 7.43 (drug nuisance); RCW 59.18.130(8)(assault with arrest or threat with deadly weapon with arrest breach of tenant duties) RCW 59.18.180

RCW 59.18.130(6); cf. Hartson v. Goodwin, 99 Wn. App. 227, 991 P.2d 1211 (2000)(eviction for criminal activity under Mobile Home Landlord-Tenant Act limited to eviction of person who committed the crime) See e.g. Graffell v. Honeysuckle, 30 Wn.2d 390, 191 P.3d 858 ( 1948); Delano v. Tennent, 138 Wash. 331, 9 P.2d 354 (1932)



Updated 1/2014

10-DAY NOTICE

(to comply or vacate)

1. Notice must state “comply or vacate.” Failure to state, “comply or vacate,” renders notice invalid for conferring unlawful detainer jurisdiction. 2. Notice must adequately inform tenant of the lease or statutory violation tenant is asked to correct. 3. Tenant corrected lease or statutory violation within 10-day period. 4. In Seattle, service of 3 or more 10-day notices in a 12-month period constitutes “just cause.” 5. Tenant’s failure to comply is related to disability See reasonable accommodation section below.

RCW 59.12.030(4); Housing Authority v. Terry, 114 Wn. 2d 558, 789 P.2d 745 (1990)(strict compliance with unlawful detainer statute is jurisdictional prerequisite) Byrkett v. Gardner, 35 Wash. 668, 77 P. 1048 (1904) RCW 59.12.030(4)(statute provides tenant must be given 10 days to comply or vacate) SMC 22.206.106(C); see also Housing Authority v. Silva, 94 Wn. App. 731, 972 P.2d 952 (1999)(failure to comply with City’s notice requirements requires dismissal of case)



Updated 1/2014

20-DAY NOTICE

(to terminate tenancy)

1. In Seattle, a 20-day notice to terminate tenancy is generally not permissible because local ordinance requires LL to have “just cause” to evict a tenant. 2. Tenant has unexpired lease, i.e. LL cannot evict tenant without cause. 3. Eviction retaliatory (e.g. LL served tenant notice after tenant demanded repairs be made, eviction initiated after LL cited by health department for health code violations). 4. Eviction motivated by discrimination (e.g. LL served tenant notice after learning tenant had African-American boyfriend, LL served eviction notice after learning tenant mentally disabled). Reasonable accommodation: LL’s refusal to “reasonably accommodate” disabled tenant constitutes handicap discrimination.

a. LL must establish that there is no reasonable accommodate that will eliminate or acceptably minimize risk tenant poses to other tenants.

b. Landlord’s knowledge of a handicap after service of an eviction notice, but before physical eviction is timely for purposes of discrimination claim under the federal Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(B).

SMC 22.206.106(c); Margola v. City of Seattle, 121 Wn.2d 625, 854 P.2d 23 (1993)(city can create by ordinance additional affirmative defenses); Housing Authority v. Silva, supra. RCW 59.18.240; see also RCW 59.18.250 (certain conduct presumed retaliatory)

Tenant must be in compliance with RLTA to raise retaliatory defense. RCW 49.60 (prohibits discrimination based on race, creed, color, national origin, sex, marital status, age or disability); 42 U.S.C. § 3604 (prohibits discrimination on the basis of race, color, religion, sex, familial status, handicap, or national origin). 42 U.S.C. § 3604(f)(3)(B); RCW 49.60.222(2)(b) Roe v. Housing Authority of Boulder, 909 F.Supp. 814 (D. Colo. 1995); Roe v. Sugar River Mills Assocs., 820 F. Supp. 636, 640 (D.N.H. 1993) Radecki v. Joura, 114 F.3d 115 (8th Cir. 1997)

No notice required

Seattle’s Just Cause Eviction Ordinance and rebuttable presumption of retaliatory eviction do not apply to a lease for a specified time that expires at the end of its term.

Carlstrom v. Hanline, 98 Wn. App. 780, 990 P.2d 986 (2000)



Updated 1/2014

30-DAY NOTICE

(of non-compliance)

LL can issue tenant a 30-day notice of noncompliance if tenant’s failure to comply with lease or statutory duties substantially affects health and safety of tenant or other tenants or increases a threat of fire hazard and condition can be remedied by repair, replacement of damaged item, or cleaning. LL can commence unlawful detainer action after issuing tenant 30-day notice. However, tenant has a defense to unlawful detainer action if tenant substantially remedies non-complying condition within 30 days (or less in the event of an emergency), provided that if defective condition remedied after commencement of unlawful detainer action, tenant may be liable for LL’s costs and reasonable attorney’s fees.

RCW 59.18.180 RCW 59.18.180

Updated 01/2014

Defenses (Public Housing) Issue Analysis Authority

Type of notice required?

14-day notice to pay rent or vacate. 3-day notice to pay rent or vacate is okay as long as PHA does not commence unlawful detainer action within 14 days of service of notice.

24 C.F.R. § 966.4(k)(3)(i)(A)

What if notice to pay or vacate

includes charges other than rent?

State and federal law provides that notice only include demand for “rent.”

RCW 59.12.030(3) Housing Authority v. Terry, 114 Wn.2d 558, 560, 789 P.2d 745 (1990) (must strictly comply with state notice requirements) 24 C.F.R. § 966.4(b) (the statute treats rent and extra charges as separate items)

In addition to notice requirements, any other requirements

imposed on PHA prior to filing

unlawful detainer action?

In most cases (except certain drug/criminal incidences and where HUD has issued a due process determination), the PHA is required to offer a grievance hearing. The notice itself must inform the tenant of the option to request a hearing or the notice is invalid. The tenancy shall not terminate until the time for the tenant to request a grievance hearing has expired, and if requested, until the grievance process is completed.

24 C.F.R § 966.51 24 C.F.R. § 966.4(b)

Nonpayment based on dispute whether

tenant reported change in family

income or composition

resulting in rent increase tenant

failed to pay

The lease shall specify frequency of and basis for regular rental re-determination. If reported change results in change in rent, PHA must provide tenant with notice of rent change- 30 days notice under state law. If PHA claims tenant failed to timely report a change, determine if tenant is at fault (e.g. employer, welfare office, PHA lost info). If unintentional failure to report, then PHA may not evict. If failure to report accurately is a result of fraud then PHA may evict.

24 C.F.R §966.4(c) RCW 59.18.140 RCW 59.18.140, 24 C.F.R. § 966.4(f)(4) (tenant only required to comply with “necessary and reasonable” obligations of tenancy) 24 C.F.R. § 966.4(l)(2)(iii)(C) (Fraud is good cause to evict)

Is nonpayment due to rent increase

imposed because family member

recently returned to work?

Tenants who participate in job training program and then secure new jobs or tenants who have been previously employed for at least one year, or have received welfare within previous 6 months are entitled to 12-month delay in rent increase tenant otherwise would face because of new or increased income. After the expiration of that period, the rent may only increase by %50.

42 U.S.C.A. §1437a(d)

Is eviction due to failure to pay

minimum rent?

PHA may impose minimum rent up to $50, regardless what percentage of household income.

42 U.S.C.A. § 1437A(a)(3)(A) (West 2003) 24 C.F.R. § 5.630(a)(2)

Updated 01/2014

Defenses (Public Housing) Issue Analysis Authority

Is family being evicted because of

alleged drug-related activity of

household member or guest?

If evidence of drug activity obtained through “knock and talk” search, and police failed to inform tenant that they can refuse to consent to search, the search may violate Article I, Section 7 of the Washington Constitution and evidence may be inadmissible under exclusionary rule. Tenants may not engage in, or allow a sublessee, subtenant, resident, or anyone else, to engage in drug-related activity on or off the premises with the knowledge of the tenant. Tenants may not knowingly allow any activity on the rental premises that is “imminently hazardous” to the physical safety of another person on the premises.

See State v. Ferrier, 136 Wn.2d 103, 111, 960 P.2d 927 (1998); but see Michigan v. Hudson, 547 U.S. 586(2006) 24 C.F.R. § 966.4(l)(5)(l)(B) RCW 59.18.130(5) (Tenant cannot permit nuisance or waste) SMC 22.206.60(c)(1)(P) (there is “just cause” to evict tenant if tenant, or with consent of tenant, a sublessee, subtenant, resident, or guest has engaged in criminal activity on the premises); Dept of Housing and Urban Dev. V. Rucker, 535 U.S. 125(2001), (local public housing authorities’ discretion to evict for drug-related activity includes those situations in which the tenant did not know, could not foresee, or could not control behavior by other occupants of the unit.)’ Minneapolis Public Housing Authority v. [Redacted], No. HC1001229506 (Minn. Dist Ct. 4th Dist. Jan 25, 2001) (dismissal where activity occurred off-site, and the lease did not incorporate regulatory change in focus from “on or near” to “on or off” the property).

Can family exclude offending

household member in order to preserve

housing of remaining family

members?

Yes, but see Rucker. PHA has discretion to consider all circumstances of case, including seriousness of offense, extent of participation by family members, and effects eviction would have on family members not involved in proscribed activity. PHA may continue to house family on condition that offending family member not reside in unit. PHA may also require family member who engaged in illegal drug use to show evidence of successful completion of treatment program as condition of being allowed to reside in unit.

125 (2001); See State v. Dorsey, 81 Wn. App. 414, 914 P.2d 773 (1996) (citing In re Marriage of Allison, 467 N.E.2d 310 (Ill. App. 1984) (entity granted discretionary authority should at a minimum consider relevant factors)).

Manufactured Home Procedural Defenses (in an unlawful detainer action under RCW 59.20)




Types of Notices: L/L must state in any notice of eviction by RCW 59.20.080(1) one of the following reasons:

1. 5-day notice to pay rent or vacate.

2. 5-day notice for nuisance that materially affects the health, safety, and welfare of residents.

3. 5-day notice to comply or vacate for three

or more 5-day notices to pay rent or vacate within a 12 month period.

4. 15-day notice for substantial violation of

the rules of the mobile home park. See L/L duty to mediate.

5. 15-day notice for disorderly or substantially

annoying conduct that results in destruction of the rights of others to peaceful enjoyment and use of premises.

6. 15-day notice for any other substantial just

cause that materially affects the health, safety, and welfare of residents.

7. Three or more 15 day notices to comply or

vacate with the rental agreement or park rule. The twelve month period commences after the first notice.

8. 15-day notice to vacate for conviction of

crime that threatens health & safety of tenants.

9. 15-day notice to comply with tenant obligation imposed by provision of municipal, county, and state codes, ordinances and regulations.

10. 12-month notice for change of land use of mobile home park including conversion to a use other than for mobile homes.

11. No notice required for engaging in “criminal activity” that threatens the health, safety or welfare of tenants. But, only the person engaging in criminal activity can be evicted.

RCW 59.20.080(1) RCW 59.10.080(1)(b) RCW 59.20.080(1)(k) RCW 59.20.080(1)(m) RCW 59.20.080(1)(a) RCW 59.20.080(1)(j) RCW 59.20.080(1)(l) RCW 59.20.080(1)(h) RCW 59.20.080(1)(c) RCW 59.20.080(1)(i) RCW 59.20.080(1)(e) RCW 59.20.070(1)(f); Hartson v. Goodwin, 99 Wn. App. 227; 991 P.2d 1211 (2000)

Was notice


Issue Analysis Authority properly served? L/L must serve tenant in following manner:

1. First, attempt personal service to tenant. Can not leave notice with someone other than lessee*.

2. If no one home, post notice in conspicuous place & mail.

* Tenant is any person who actually rents a mobile home. If an occupant or someone other than a lessee is served, then present the Court with a Motion to Dismiss.

RCW 59.20.150(1) RCW 59.20.030(11)

L/L duty to mediate

• W/in 5 days of a notice of eviction under RCW 59.20.080(1)(a), the L/L and tenant shall submit any dispute to mediation.

• A duty is imposed upon both parties to participate in good faith for a period of ten days for an eviction under RCW 59.20.080(1)(a)- 15 day notice for substantial violation of rules of park.

• Defense to an eviction if the L/L did not participate in good faith.

• But if eviction is based on any of the other 13 types of notice under RCW 59.20.080(1), then no mediation required.

RCW 59.20.080(2) Hartson v. Martinez, 123 Wn. App. 36, 96 P.3d 449 (2004)

Terms of Rental Agreement

• Rental agreements shall be for one year, unless otherwise agreed.

• Rental agreement shall auto-renew for term of the original agreement unless a different term is agreed.

• Leases in which tenancy converts to a

month-to-month tenancy at the end of the original rental term, unless the tenant expressly requests an extension of the one-year term, violate the MHLTA.

• Deposit- if tenant pays L/L deposit, then

the lease must specify conditions that deposit can be withheld.

• L/L can not collect a deposit if parties have not entered into written rental agreement.

RCW 59.20.090(1); Gillette v. Zakarison, 68 Wn. App. 838, 846 P.2d 574 (1993) RCW 59.20.050(1); RCW 59.20.060(2)(d); Holiday Resort Community Association v. Echo Lake Associates, 135 P.3d 499 (2000) RCW 59.20.160 Gillette v. Zakarison, 68 Wn. App. 838, 846 P.2d 574, (1993)

Rent Increases

• L/L must give 3 months notice to increase rent upon expiration of the term of the rental agreement.

RCW 59.20.090(2)

Utility Charges

• L/L can change lease terms to charge for utilities so long as they are limited to actual costs

McGahuey v. Hwang, 104 Wn. App. 176, 15 P.3d 672 (2001)



Notice to Vacate

• To not renew lease, tenant must give 1 month written notice to L/L prior to expiration of rental agreement

RCW 59.20.090(3)

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