Unlawful Detainer Actions. Defense Checklists. 1. Summons & Complaint. 2. Procedural. 3. Substantive. 4. Public Housing. 5. Manufactured/Mobile Homes

Transcription

1 Unlawful Detainer Actions Defense Checklists 1. Summons & Complaint 2. Procedural 3. Substantive 4. Public Housing 5. Manufactured/Mobile Homes

2 SUMMONS and COMPLAINT CHECKLIST SUMMONS CHECKLIST Does the Summons: State the name of the parties, attorneys (if any) and the court. RCW , RCW (1) State the nature of the action and relief sought. RCW , RCW (1) Give a specific return date. RCW , RCW , RCW (1) Give a return date between 7 30 days from the service. RCW Warn that failure to appear will result in default. RCW , RCW (1) Give a street address where answer can be served and a FAX number (if available). RCW (1) Additional language requiring payment into court registry/sworn statement that amount of rent asked for in complaint is not owed. RCW (7)(b) COMPLAINT CHECKLIST Does the Complaint: Set forth facts on which relief can be sought. RCW Describe the premises. RCW State the amount owed (nonpayment cases). RCW 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 (7) SERVICE OF SUMMONS AND COMPLAINT CHECKLIST Personal Service to defendant or RCW ; CR 4(d), RCW (15) Substituted service, left with a RCW (15) Person of suitable age or discretion Who resides therein or Alternative service. RCW 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 12/2013

3 Procedural Defenses (in an unlawful detainer action under RCW and 59.18) 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 Is action filed in proper venue (or case assignment area)? Was proper notice served prior to commencement of action? If L/L files case in improper venue (or case assignment area), tenant may request that case be transferred to proper venue. 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 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 C, requires dismissal of case. Types of Notices: 1. 3-day notice to pay or vacate day notice to pay or vacate public housing CR 82(b); CR 12; LR 82 Sowers v. Lewis, 49 Wn.2d 891, 895, 307 P.2d 1064, 1066 (1957); Housing Authority v. Terry, 114 Wn.2d 558, , 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 (3) 24 C.F.R (k)(3)(i)(A) 3. 3-day notice for waste, unlawful business or nuisance 4. 3-day notice for occupying property without color of title day notice to comply or vacate RCW (5) RCW (6); RCW (4) day notice to terminate day notice of non-compliance RCW (2); RCW (1) RCW (1) Updated 1/2014

4 Procedural Defenses (in an unlawful detainer action under RCW and 59.18) No notice required: Was proper notice served prior to commencement of action? CONTINUED 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 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 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 (1); RCW ; Savings Bank of Puget Sound v. Mink, 49 Wn. App. 204, 206, 741 P.2d 1043, 1044 (1987); see also RCW and.040 and.060 RCW (f), RCW State: RCW ; RCW Federal: 12 U.S.C. Sec (notes); 42 U.S.C. Sec. 1437f(o)(7)(C) Updated 1/2014

5 Procedural Defenses (in an unlawful detainer action under RCW and 59.18) 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.* RCW ; Christensen v. Ellsworth, 162 Wn. 2d 365, 173 P.3d 228 (2007)(3 days includes weekends/holidays) RCW *Add 1 day if notice is mailed before commencement of unlawful detainer action. Was notice properly served? 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. RCW RCW (8) 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. RCW (1)(a), (b) and (e) Was notice properly served? CONTINUED 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 (1)(a) and (e) RCW ; 12 U.S.C (Notes) Updated 1/2014

6 Procedural Defenses (in an unlawful detainer action under RCW and 59.18) Were summons & complaint properly served? Tenant must be personally served with filed or unfiled 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 (15) Saltes v. Estes, 133 Wn.2d 160, , 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 (1)(a) and (1)(b) RCW (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 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 (provides example of proper summons) Truly v. Heuft, 138 Wash. App. 913, 918, 158 P.3d 1276 (2007) RCW RCW (6) Duvall Highlands LLC v. Elwell, 104 Wn. App. 763, , 19 P.3d 1051, (2001). RCW (3) CR 55(a)(3) Updated 1/2014

7 Procedural Defenses (in an unlawful detainer action under RCW and 59.18) 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. RCW RCW Does proper return date appear on Summons? 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. 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 Updated 1/2014

8 Substantive Defenses (in unlawful detainer action under RCW and 59.18) 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. RCW (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) 3-DAY NOTICE (to pay or vacate) 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. 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

9 Substantive Defenses (in unlawful detainer action under RCW and 59.18) 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. Housing Resources Group v. Price, 92 Wn. App. 394, 958 P.2d 327 (1998) 3-DAY NOTICE (to pay or vacate) continued 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: Setoffs 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. 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 (provides tenant may assert any setoffs at show cause hearing) Foisy v. Wyman, 83 Wn.2d 22, 34, 515 P.2d 160 (1973) RCW Updated 1/2014

10 Substantive Defenses (in unlawful detainer action under RCW and 59.18) Tenant did not engage in nuisance, waste or unlawful business on premises. RCW (5); RCW (5) 3-DAY NOTICE (for nuisance, waste or unlawful business) 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 drugrelated 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. Tarr v.hopewell Community Club, 153 Wash. 214, 279 P. 594 (1929)(delinieates factors to consider to determine nuisance); RCW (6) and RCW 7.43 (drug nuisance); RCW (8)(assault with arrest or threat with deadly weapon with arrest breach of tenant duties) RCW RCW (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

11 Substantive Defenses (in unlawful detainer action under RCW and 59.18) 1. Notice must state comply or vacate. Failure to state, comply or vacate, renders notice invalid for conferring unlawful detainer jurisdiction. RCW (4); Housing Authority v. Terry, 114 Wn. 2d 558, 789 P.2d 745 (1990)(strict compliance with unlawful detainer statute is jurisdictional prerequisite) 10-DAY NOTICE (to comply or vacate) 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. Byrkett v. Gardner, 35 Wash. 668, 77 P (1904) RCW (4)(statute provides tenant must be given 10 days to comply or vacate) SMC (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

12 Substantive Defenses (in unlawful detainer action under RCW and 59.18) 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. SMC (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. 20-DAY NOTICE (to terminate tenancy) No notice required 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). 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. RCW ; see also RCW (certain conduct presumed retaliatory) Tenant must be in compliance with RLTA to raise retaliatory defense. RCW (prohibits discrimination based on race, creed, color, national origin, sex, marital status, age or disability); 42 U.S.C (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 (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 (8 th Cir. 1997) Carlstrom v. Hanline, 98 Wn. App. 780, 990 P.2d 986 (2000) Updated 1/2014

13 Substantive Defenses (in unlawful detainer action under RCW and 59.18) 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 RCW Updated 1/2014

14 Defenses (Public Housing) Type of notice required? What if notice to pay or vacate includes charges other than rent? 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 (k)(3)(i)(A) State and federal law provides that notice only include demand for rent. RCW (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 (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? Nonpayment based on dispute whether tenant reported change in family income or composition resulting in rent increase tenant failed to pay Is nonpayment due to rent increase imposed because family member recently returned to work? Is eviction due to failure to pay minimum rent? Updated 01/2014 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. 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. 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. PHA may impose minimum rent up to $50, regardless what percentage of household income. 24 C.F.R C.F.R (b) 24 C.F.R 966.4(c) RCW RCW , 24 C.F.R (f)(4) (tenant only required to comply with necessary and reasonable obligations of tenancy) 24 C.F.R (l)(2)(iii)(C) (Fraud is good cause to evict) 42 U.S.C.A. 1437a(d) 42 U.S.C.A. 1437A(a)(3)(A) (West 2003) 24 C.F.R (a)(2)

15 Defenses (Public Housing) Is family being evicted because of alleged drug-related activity of household member or guest? Can family exclude offending household member in order to preserve housing of remaining family members? 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. 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. 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 (l)(5)(l)(B) RCW (5) (Tenant cannot permit nuisance or waste) SMC (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. HC (Minn. Dist Ct. 4 th 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). 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)). Updated 01/2014

16 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 (1) one of the following reasons: 1. 5-day notice to pay rent or vacate day notice for nuisance that materially affects the health, safety, and welfare of residents. RCW (1) RCW (1)(b) RCW (1)(k) 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 day notice for substantial violation of the rules of the mobile home park. See L/L duty to mediate. RCW (1)(m) RCW (1)(a) Was proper notice served prior to commencement of action? Was notice day notice for disorderly or substantially annoying conduct that results in destruction of the rights of others to peaceful enjoyment and use of premises 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 day notice to vacate for conviction of crime that threatens health & safety of tenants day notice to comply with tenant obligation imposed by provision of municipal, county, and state codes, ordinances and regulations 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 (1)(j) RCW (1)(l) RCW (1)(h) RCW (1)(c) RCW (1)(i) RCW (1)(e) RCW (1)(f); Hartson v. Goodwin, 99 Wn. App. 227; 991 P.2d 1211 (2000)

17 Manufactured Home Procedural Defenses (in an unlawful detainer action under RCW 59.20) 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. RCW (1) RCW (11) L/L duty to mediate Terms of Rental Agreement Rent Increases * 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. W/in 5 days of a notice of eviction under RCW (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 (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 (1), then no mediation required. 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. L/L must give 3 months notice to increase rent upon expiration of the term of the rental agreement. RCW (2) Hartson v. Martinez, 123 Wn. App. 36, 96 P.3d 449 (2004) RCW (1); Gillette v. Zakarison, 68 Wn. App. 838, 846 P.2d 574 (1993) RCW (1); RCW (2)(d); Holiday Resort Community Association v. Echo Lake Associates, 135 P.3d 499 (2000) RCW Gillette v. Zakarison, 68 Wn. App. 838, 846 P.2d 574, (1993) RCW (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)

18 Manufactured Home Procedural Defenses (in an unlawful detainer action under RCW 59.20) Notice to Vacate To not renew lease, tenant must give 1 month written notice to L/L prior to expiration of rental agreement RCW (3)

19

20

21

22

23

24

25

26

27

28

29