IF A TENANT REFUSES TO SIGN A RECEIPT OF RULES, OR A STATEMENT THEY WILL ABIDE BY THEM, ARE THE NEW RULES STILL IN EFFECT FOR THEM AFTER THE REQUIRED NOTICE? WHEN CAN I CHANGE THE RULES, AND WHAT NOTICE IS REQUIRED?

Tenants and occupants are required to comply with community rules and regulations regardless of whether they sign a statement of receipt or agreement to comply. The rules are part of the rental agreement.

There is no stated notice requirement to institute or amend rules in the Mobile Home Act. Accordingly, the only notice requirement that a community should comply with is the notice requirement contained in the rental agreement.

The MHCW rental agreement states that rules may be amended upon thirty days notice. Such a provision is recommended if a community owner does not use the MHCW rental agreement.

One ground for termination of tenancy, RCW 59.20.80 (1) (a), provides that a community owner may terminate a tenancy for substantial or repeated violation of the rules of the community “as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant. Tenants’ attorneys use this language to argue that rules may only be amended with the consent of the tenant. This potential legal argument is prevented if the rental agreement provides an amendment procedure and the rental agreement is executed by all tenants.