Do I Need To Continue To Pay Rent On A Mobile Home That Is Being Sold
Full Question:
Answer:
I am unable to provide legal advice. This service provides information of a general legal nature. The answer will depend on all the facts and documents involved. I'm assuming that the lease for the property that the mobile home is situated on is in the deceased father's name. In Washington, a mobile home lot lease may be terminated by providing the landlord with a noticed in writing one month prior to the expiration of the rental agreement of an intention not to renew.
The general rule is that in the absence of a contrary lease provision, the death of tenant or landlord does not terminate the lease and does not terminate responsibilities under the lease. If tenant dies and the rent is not paid, landlord may file suit for eviction against the tenant's executor.
The following are WA statutes:
RCW 59.20.050
Written rental agreement for term of one year or more required — Waiver — Exceptions — Application of section.
(1) No landlord may offer a mobile home lot for rent to anyone without offering a written rental agreement for a term of one year or more. No landlord may offer to anyone any rental agreement for a term of one year or more for which the monthly rental is greater, or the terms of payment or other material conditions more burdensome to the tenant, than any month-to-month rental agreement also offered to such tenant or prospective tenant. Anyone who desires to occupy a mobile home lot for other than a term of one year or more may have the option to be on a month-to-month basis but must waive, in writing, the right to such one year or more term: PROVIDED, That annually, at any anniversary date of the tenancy the tenant may require that the landlord provide a written rental agreement for a term of one year. No landlord shall allow a mobile home, manufactured home, or park model to be moved into a mobile home park in this state until a written rental agreement has been signed by and is in the possession of the parties: PROVIDED, That if the landlord allows the tenant to move a mobile home, manufactured home, or park model into a mobile home park without obtaining a written rental agreement for a term of one year or more, or a written waiver of the right to a one-year term or more, the term of the tenancy shall be deemed to be for one year from the date of occupancy of the mobile home lot;
(2) The requirements of subsection (1) of this section shall not apply if:
(a) The mobile home park or part thereof has been acquired or is under imminent threat of condemnation for a public works project, or
(b) An employer-employee relationship exists between a landlord and tenant;
(3) The provisions of this section shall apply to any tenancy upon expiration of the term of any oral or written rental agreement governing such tenancy.
RCW 59.20.090
Term of rental agreements — Renewal — Nonrenewal — Termination — Armed forces exception — Notices.
(1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless a different specified term is agreed upon.
(2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent.
(3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.
(4)
(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends.
(b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a rental agreement with less than thirty days notice if the tenant receives reassignment or deployment orders which do not allow greater notice. The tenant shall provide notice of the reassignment or deployment order to the landlord no later than seven days after receipt.