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  1. #1
    Join Date
    Nov 2006
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    Washington State
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    63

    Default Can a Tenant be Evicted as a Trespasser After a Change of Ownership

    My question involves landlord-tenant law in the State of: Washington

    This is a mobile home park where we have lived for 7 years.
    We have never missed a month's rent in 7 years.
    No behavior, nuisance, damage, or property's appearance complaints.
    No lease signed since original occupancy.

    We have occupied this residence for 7 years. Approximately 2 years ago the owner of the real property went into default with the county (Pacific) for unpaid taxes. The property went into conservatorship and has been in that state for the last 18-20 month's. The case apparently closed (disposition unknown) and the property was then sold. We were notified approximately 1 1/2 month's ago of the purchase and were supplied with a new address to send the monthly space rental payment by personal notification. (The new owner has accepted all payments.)

    Earlier this afternoon I noticed a manilla envelope taped to our entryway. Inside was a notice; "3-Day notice to quit-Trespasser." Failure to surrender premises will initiate judicial proceedings pursuant to RCW 59.12.030 (6) "Unlawful detainer."

    I contacted our local landlord/tenant advocacy attorney's. (NW Justice Projects) and retained counsel. They are looking into the particulars and will get back to me.

    Here's my assumption as to motive.
    I believe that the new owners have been advised to evict any residents that would be classified as "renters" who would fall under the protections of the "Landlord/tenant Act."
    I believe that the 3-Day notice is their attempt at an argument claiming that (as new owners) there is no formal rental agreement or lease. I also believe that they are choosing this strategy based on the argument that as part of the purchase, all real property (land) and all unowned other properties (my mobile home, a couple of permanent structures (garages) etc. becomes their property. As they have no lease with me, they are claiming "trespass." (THIS is only an assumption though as they did not return my attempt to contact by telephone call nor have they spoken to me by other means.)

    The local RCW's don't address this scenario specifically, but they do leave something like this open to possibilities under the criminal trespass statutes (RCW 9A.52.080 Criminal Trespass 2) There is an affirmative defense allowed, (9A.52.095 Criminal Trespass - Defenses) but as of yet, I don't believe any of these would apply as to the best of my knowledge a criminal complaint has not been made.

    In anticipation of any questions to this; No. There have been no allegations of drug use, or domestic violence, or any other criminal activities. There have been no nuisance complaints that I am aware of, and all rental fees have been consistently paid on time and are up to date. There are no other known grounds to evict under normal circumstances.

    From what I've stated so far, does anyone have any ideas as to what they may be doing, what my rights would be, what to research, or information on how I may resolve this matter?

    Thank you in advance to any who respond.

    Sincerely,

  2. #2
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    Quote Quoting policetac
    View Post
    The case apparently closed (disposition unknown) and the property was then sold.
    Tell us the details of the sale. For example, was the sale made by a bankruptcy trustee, by a lender following foreclosure, by the government following a tax foreclosure....

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    Not exactly clear.

    Do you rent the mobile home from the owner of the mobile home and it was the mobile home itself that was foreclosed and resold?

    If that's the case then the arrangement is subject to the Residential Landlord Tenant statute:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18

    A three day "trespass" notice would likely be illegal.

    However, if you are on just month-to-month (no current written lease) then a minimum of 20 days notice is required by RCW 58.18.200:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.200

  4. #4
    Join Date
    Nov 2006
    Location
    Washington State
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    No, we don't rent the mobile home from anyone.
    When the courts placed the property into conservatorship a local newspaper did a story on the owner of the property. At that time it became clear that the owner of the property had engaged in multiple cases of sales fraud.
    She was never charged with anything, but it became clear that she would get people to "purchase" mobile homes and then would she would do different things to either evict them or get losers who would fail to pay rent etc.
    When we originally moved in there was nothing on the lease (nor have we ever been approached) to pay anything for actual trailer rental.
    A while back, my attorney looked into ownership of the trailer because of some money owed to me by the property owner and it was impossible for her to determine who even owned the trailer. I ended up gaining ownership of another trailer here in the park out of the deal. The only problem there is that we are having difficulties getting the power turned on to it because of new zoning laws that require the property to be upgraded to buried lines.
    So in a nutshell, we don't know who originally owned the trailer.
    But either way it seems as if you're saying that the 3-day notice is improper. Is that correct?
    Thank you for your response, I really appreciate it.

    Ps. No, it was the land that went into tax foreclosure.

  5. #5
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    See also:
    Quote Quoting RCW 61.24.146. Foreclosure of tenant-occupied property — Notice to vacate.
    (1) A tenant or subtenant in possession of a residential real property at the time the property is sold in foreclosure must be given sixty days' written notice to vacate before the tenant or subtenant may be removed from the property as prescribed in chapter 59.12 RCW. Notwithstanding the notice requirement in this subsection, a tenant may be evicted for waste or nuisance in an unlawful detainer action under chapter 59.12 RCW.

    (2) This section does not prohibit the new owner of a property purchased pursuant to a trustee's sale from negotiating a new purchase or rental agreement with a tenant or subtenant.

    (3) This section does not apply if the borrower or grantor remains on the property as a tenant, subtenant, or occupant.
    Quote Quoting policetac
    View Post
    When we originally moved in there was nothing on the lease (nor have we ever been approached) to pay anything for actual trailer rental.
    You either own the trailer or you do not. If you do not, you have never known who the owner is, you have never paid rent for the trailer, and you have received a notice to quit from the person who claims that they own the trailer, it's not particularly surprising that you're being treated by the owner of the trailer as a trespasser.

    You have an attorney who has researched the issue for you, so you really should be taking to your lawyer.
    Quote Quoting policetac
    The only problem there is that we are having difficulties getting the power turned on to it because of new zoning laws that require the property to be upgraded to buried lines.
    So there's no power to the trailer, and you're living there without any electricity? Then there's a question as to whether this is even a lawful rental.

  6. #6
    Join Date
    Nov 2006
    Location
    Washington State
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    Oh my God. Did you even read the posts?
    "I ended up gaining ownership of another trailer here in the park out of the deal. The only problem there is that we are having difficulties getting the power turned on to it"
    THAT is a DIFFERENT trailer!
    "the owner of the property had engaged in multiple cases of sales fraud."
    This is the PREVIOUS owner who lost the property to the courts!
    "I believe that the new owners have been advised to evict any residents that would be classified as "renters"
    The only "ownership" the NEW OWNERS have comes from the fact that it rests on the property they just bought!

  7. #7
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    You write poorly, and for reasons known only to yourself you are bringing in irrelevant information.

    Go talk to your lawyer.

  8. #8
    Join Date
    Mar 2013
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    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    Quote Quoting policetac
    View Post

    The only "ownership" the NEW OWNERS have comes from the fact that it rests on the property they just bought!
    Let me see if I understand this.

    It's a mobile home park, meaning the park is occupied by other trailers.
    You do not own the trailer you are occupying.
    You do not pay rent to anybody for the trailer you are occupying.
    You do not pay space rent to the owners of the park.

    If yes to all four questions, then you are a trespasser.

  9. #9
    Join Date
    Nov 2006
    Location
    Washington State
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    63

    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    1. Yes
    2. Yes
    3. Yes
    4. No

    We have been paying $325.00 every month for the last 7 years to live in the trailer we are in.
    For all we know, space rental is $225.00 and trailer rental is $100.00.

  10. #10
    Join Date
    Mar 2013
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    18,340

    Default Re: Tenant Issued a Three-Day Notice as Trespasser After Change of Ownership

    Quote Quoting policetac
    View Post

    We have been paying $325.00 every month for the last 7 years to live in the trailer we are in.
    For all we know, space rental is $225.00 and trailer rental is $100.00.
    To whom have you paid $325 a month.

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