WHAT DO I DO IF A RESIDENT REFUSES TO SIGN A RENTAL AGREEMENT? WHAT IF THEY RETURN IT WITH CHANGES OR PORTIONS BLACKED OUT?

RCW 59.20.060 (1) clearly provides that “Any mobile home space tenancy regardless of the term shall be based upon a written rental agreement, signed by the parties”. That same provision delineates the matters which must be contained in the rental agreement. Therefore Washington law requires that a community resident enter into a written rental agreement with the community owner.

If, the prospective resident returns the rental agreement with portions blacked out, assuming such portions are valid and legal obligations, the prospective resident can be refused occupancy. If you choose to live with the requested changes you may do so as long as the requested changes and the remaining rental agreement complies with the dictates of RCW 59.20.060 and you provide such opportunity to all other residents. You face the possibility that different tenants will have different rental agreements.

MHCW’s position is that a tenant can be required to enter into an amended or new rental agreement on the renewal of the tenancy (i.e. the anniversary date on a one-year tenancy and the monthly inception date the rental agreement was entered into for month-to-month tenancies). The tenant does not have any legal right to change or refuse to enter into the amended or new agreement under common law or the MHLTA which requires a written rental agreement to rent a lot.