Form Descriptions
06-2/03-3 ONE-YEAR/MONTH-TO-MONTH RENTAL AGREEMENT
Use prior to tenancy. Residents are required
to sign a rental agreement prior to moving their manufactured home
into the park. The landlord is required to offer a one-year (or
more) rental agreement. (If a rental agreement is not signed, then
the term of tenancy is one year from the date of occupancy of the
manufactured home lot.) Note that upon expiration this becomes a
month-to-month rental agreement (see last sentence, paragraph 1).
If this procedure is not desired, this last sentence should be crossed
out and initialed by both parties.
The MHCW leases do not contain escalator/reduction clauses for automatically
passing through increased expenses relating to real property taxes,
utility assessments, and utility charges. See form 00-5.
06-3(A) WAIVER
OF TENANT'S RIGHT TO A ONE-YEAR RENTAL AGREEMENT
This separate waiver is in addition to
the waiver in the month-to-month rental agreement in paragraph 36.
00-4 RECREATIONAL VEHICLE SPACE
RENTAL AGREEMENT
Use prior to acceptance of a recreational
vehicle or camper/trailer for other than short-term (overnight)
stay. This is to be used for residents with RVs and camper/trailers
that will stay on a month-to-month or yearly basis. Note the
definition of RV in RCW 59.20.030(7) (amended in 1993).
00-5 RENTAL AGREEMENT ADDENDUM (Escalator/Reduction)
This form should be added as an addendum to the lease for those
wishing the escalator/reduction provision of the statute relating
to real property taxes, utility assessments, and utility charges
to apply. Some choose to use the escalator clause because it
helps defray unforeseen increases in expenses. Others don't use
it, for fear of a reduction in expenses which must result in
lowering rents accordingly.
01-6 ONE-YEAR RENTAL AGREEMENT EXTENSION
This form may be used when a resident
requests renewal of a one-year rental agreement. Used as an attachment
to an existing one-year rental agreement, it saves preparing
a whole new lease for signature.
00-7 ASSIGNMENT OF RENTAL AGREEMENT
AND CONSENT
This may be used when a resident sells
a manufactured home in place and wishes to assign the one-year
rental agreement to the buyer. The landlord shall notify the selling
resident of a refusal to permit an assignment at least seven days
in advance of an intended transfer. Consent to an assignment is
not to be unreasonably withheld. In the case of a sale, the tenant
should use form 01-24 to advise the landlord in advance as the
statute requires.
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04-8 THREE-DAY
NOTICE TO QUIT
This is used for “surprise” or unapproved
tenants. If a tenant sells a manufactured home without community
owner approval and the buyer moves in without approval not complying
with RCW 58.20.030, use this form. If the landlord does not know
the name of the party who has moved in, direct the notice to “Any
Unauthorized Occupant.”
04-8(A) THREE-DAY
NOTICE TO QUIT
This is used for “surprise” or unapproved
occupants. This form is used where you have trespassers. It also
may be used in cases where a tenant sublets without approval,
do not use where there are violations of RCW 59.20.073 (see form
04-8). If the landlord does not know the name of the party who
has moved in, direct the notice to “Any Unauthorized Occupant.”
04-9 NOTICE
TO COMPLY WITH the LEASE/RENTAL AGREEMENT and/or RULES/REGULATIONS
and/or RESIDENT’S DUTIES UNDER RCW 59.20.140 OR TO VACATE
- Use when a resident violates any rule
of the community or term of their rental agreement or their duties
under RCW 59.20.140. Some choose to use this form initially to
notify a resident of a violation. This is not a notice of termination,
but basically tells the resident to cease the violation or they
will be issued a Fifteen-Day Notice to Terminate Tenancy. This
may solve the problem without mediation. It is not an eviction
notice, but it appears to comply with RCW 59.20.080(h), the “3”
strikes provision. No notice of mediation is issued.
01-12 NOTICE TO COMPLY WITH LOCAL ORDINANCES, STATE
LAWS AND MANUFACTURED HOME REGULATIONS
Use when a tenant is in violation of any
code, law, or regulation. Some governmental agencies will lien
a landlord's property if a resident is in violation.
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03-13 FIVE-DAY NOTICE TO PAY RENT
AND/OR OTHER CHARGES OR TO VACATE
Use when a tenant fails to pay rent and/or
other charges when due. Good management practice warrants issuance
of this notice immediately after any grace period that may be
allowed.
05-14 NOTICE TO SECURED
PARTY - Use when a tenant abandons a manufactured
home in a community without paying rent—or when a resident
fails to pay rent and/or other charges when due. You should serve
this notice on the secured party when the Five-Day Pay or Vacate
notice is served for the tenant's non-payment of rent or the home
is abandoned by the tenant. Make sure you complete the form. You
need to specify the monthly rent and other charges due (i.e. utilities,
lot upkeep). Sign and complete the declaration of mailing and
retain in the tenant’s file together with the post office
receipt. The secured party (normally a lending institution) is
responsible for payment of rent and other reasonable expenses
incurred after receipt of this written notice. YOU MUST USE CERTIFIED
MAIL.
00-16 NOTICE OF MEDIATION
This form MUST be used with ANY notice
of termination of tenancy for rules violations or violation of
the resident's duties under RCW 59.20.140. These are the only
times it is required. The landlord must take a good faith effort
to mediate any eviction for these reasons. Call the MHCW office
for a list of mediators in your area. Mediation is not necessary
for non-payment of rent.
01-17 AFFIDAVIT OF SERVICE
Use to verify service of notice. This
form or comparable will be required if the case proceeds to court.
A notary is required.
00-18 REGISTRATION APPLICATION FOR GUEST
TENANCY
For use by those who require guest registration.
01-19 RECREATIONAL VEHICLE STORAGE AGREEMENT
This form may be used if a landlord provides
a storage area for such vehicles. Note its objective is to limit
liability of the landlord.
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01-20 DOOR KNOB REMINDER
This form may be used for minor violations
and reminders to tenants. Simply check the appropriate box and
slip it on the door knob of the tenant’s home.
01-24 TENANT'S NOTICE TO LANDLORD OF INTENT
TO SELL HOME
This form should be given to residents
who are selling their homes for them to fill out and return to
the landlord/manager. The statute now requires that the resident
give written notice of intent to sell their home and to transfer
the lease and provide documented confirmation that the home and
lot expenses and personal property taxes are paid. They may use
any written form they choose. Even if you do not want the first
right of refusal to buy the resident's home, the resident must
give you written notice of the intended sale. Once received, the
landlord must quickly screen the buyer/prospective resident on
the same basis as any other resident. If you lack the time to
process the prospective resident before the 15 days is up, it
may be appropriate to send a rejection letter citing the time
constraints and your willingness to continue processing the application.
01-25 PRIVATE SOCIAL USE OF COMMUNITY FACILITIES
This form is to be used to limit LANDLORD'S
liability when a resident uses community facilities for private
social uses. The resident is to fill it out and return it to
the landlord/manager before the event.
02-26 ADDENDUM
This generic addendum is provided to supplement
the forms on which you may not have space to cite the rule or
statute or lease provision in full or the violations, particularly
for forms 00-9 and 00-11.
00-29 CAR WILL BE TOWED STICKER
01-30 CAR DOOR HANGER FOR PARKING VIOLATIONS
NOTE: Must have NO PARKING signs posted
before you can issue violations on 00-29 & 98-30. Post
sticker on windshield out of the way of driving vision.
07-31 LIVE-IN CARE PROVIDER AGREEMENT
07-32 PET AGREEMENT
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