Written Agreement Question

[sunni]

Hello --

When I moved into my home in 1980 in Washington state, I signed a rental agreement that I believe was for one year. I can no longer find it. Since that time, I have never had a rental agreement. I live in the same home in the same park with the same park owner/manager, who lives on site. I now have reason to be curious about my agreement.

When I went online to our state regs, I found the following text at: http://apps.leg.wa.gov/RCW/default.aspx?cite=59.20.050. I never did waive a written rental agreement. Per the following, am I suppose to have a new one-year agreement??? Right now, I have zip.

-----------------------------

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.

[David Oxhandler]

Have you read the original agreement through... it may be automatically renewable if you or the landlord dont renegotiate??

Has your rent been raised during the time you have been there? If so have the rent increases been inline with state regulations ... if there are any ?

From your previous post you seem to like living where you are. Do you really want to be in a legal conflict with your landlord? Most of the time, right or wrong, the land owner will win in any court battle as they usually have greater resources to bring to the battle. Or you will loose by being at war with the landlord and just having that tension in you life and home all the time.

As I suggested before approach the landlord and ask how he views your obligations and rights and see if you cant come to an understanding about the future or even get a written agreement. You cant fire and you dont really want to fight with your landlord. Try to set the ground rules for the future so that you can be comfortable in your home again.

[chrissy]

Sometimes simply not asking for another written agreement can be construed as waiving your request for an updated agreement. I agree totally with David's answer - talk to your landlord first. Ask if any other residents get renewal agreements. If there is a specific issue that is troubling you, try to come to an agreement. Washington has a great state association as a reference for questions, if needed.

[sunni]

Hi David and Chrissy:

Thank you for your speedy and kindly worded replies. I very much appreciate you sharing your advice!

**Suggestion to talk with on-site owner of land/park manager: I did calmly, gently approach him re his shearing of my shrubs. He laughed, "patted me on my head," ended conversation.

**Suits. They have not won any of those brought against them. At this junction, we only have one out of six real estate offices that will even represent a home owner in this park because they do not want to deal with the owners of the park.

**Friendships. Yes, they treat tenants who are friends best.

**Laws. I did learn that what we put into the ground does belong to the tenant. That surprised me. I also learned from online code that he can only eliminate plants that are noxious or detrimental to the health of the community.

** Agreements. And now, I've finally learned, after wading through the code online that I did have an auto renewal of my lease, based on the following code:

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.

So, long story short, he had no legal right to shear my evergreens, he cannot treat as his own that which I put into into the ground, and he certainly didn't want to participate in discussion.

So, I'll ponder how to proceed. What I want is for him to repair the damage he has caused and to stop thinking that my plants are his plants.