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,
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,
Change of Ownership: 3 Day Notice-Trespass - Lived at Residence for 7 Years
Aucun commentaire:
Enregistrer un commentaire