Rent/Secured Parties – MHCW

by Ryan

December 19, 2016

WHAT DO I DO IF A SECURED PARTY SENDS ME A FORM ASKING ME TO WAIVE THEIR RENTAL OBLIGATION AS A CONDITION OF FINANCING A HOME THAT WANTS TO COME INTO MY COMMUNITY?

The decision to waive any legal right is a personal one. MHCW strongly recommends against giving […]

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by Ryan

December 19, 2016

WHAT ARE THE OPTIONS FOR COLLECTING RENT FROM A SECURED PARTY UNDER BANKRUPTCY (IT NOW TAKES OVER 90 DAYS). WHAT ARE THE OPTIONS FOR A. MOBILE HOME B. RV/TRAVEL TRAILER. CAN YOU REMOVE A RV FROM A SPACE TO RENT IT?

As a secured party has to have a “right to possession” of a mobile home, a […]

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by Ryan

December 19, 2016

WHEN AND HOW SHOULD I NOTIFY A SECURED PARTY IF A RESIDENT IS BEHIND IN RENT? WHAT IS THE SECURED PARTY’S OBLIGATION, AND DO THEY OWE FOR ANY BACK RENT?

RCW 59.20.074 governs the liability of a secured party. You should notify a secured party as […]

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by Ryan

December 19, 2016

DOES ANYTHING PROHIBIT US FROM SENDING OUT A FIVE-DAY LATE NOTICE ON THE SECOND DAY OF THE MONTH? (RATHER THAN WAIT FOR A GRACE PERIOD)?

Yes, the courts will construe that the rent is not late until the “late payment” date […]

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by Ryan

December 19, 2016

IF A RENT CHECK IS SENT BY MAIL, CAN WE REQUIRE THAT IT BE IN OUR HAND BY THE FIFTH OF THE MONTH RATHER THAN POST MARKED ON THE FIFTH?

Yes, as long as you clearly state such requirement in your rental agreement.

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by Ryan

December 19, 2016

DO WE HAVE TO GIVE A GRACE PERIOD FOR RENT PAYMENTS?

No, but if the rental agreement has a late charge date, i.e. fifth day of the […]

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