Selling a mobile home in Washington

Washington's Manufactured/Mobile Home Landlord-Tenant Act (RCW 59.20) strongly protects a resident's right to sell the home in place, and gives residents a right to compete to buy the whole community. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Washington.

What the statute says

RCW 59.20.070(1) protects the sale: a landlord shall not "deny any tenant the right to sell such tenant's mobile home, manufactured home, or park model within a park," nor prohibit a "commercially reasonable 'for sale' sign," nor "require the removal of the mobile home ... from the park because of the sale thereof." And under RCW 59.20.070(9), a landlord may not require removal "for the sole reason that the mobile home has reached a certain age."

RCW 59.20.073 governs the transfer: "any rental agreement shall be assignable by the tenant to any person to whom he or she sells or transfers title," the tenant gives at least 15 days' notice, and "the landlord shall approve or disapprove of the assignment ... on the same basis that the landlord approves or disapproves of any new tenant," with "consent to an assignment ... not [to] be unreasonably withheld."

For the community itself, RCW 59.20.320 to 59.20.360 give residents a "notice of opportunity to compete to purchase" when the owner sells the park, with a process for eligible tenant organizations and nonprofits to make a competing offer and penalties for noncompliance (RCW 59.20.355).

How it works in general

A Washington resident who owns the home can sell it where it sits — the park can't deny the sale, force the home out because it sold, or refuse a buyer because the home is old. The lease is assignable to the buyer; the park can screen the buyer on the same basis as any new tenant, but can't unreasonably withhold approval, and must respond in writing. The resident can advertise with a "for sale" sign under reasonable safety rules. Separately, if the park owner sells the community, residents and eligible organizations get a notice and a real chance to compete to buy it.

Common scenarios

General examples Washington park residents commonly encounter:

• An owner sells the home in the park. The park can't deny the sale or force removal because of it (RCW 59.20.070(1)).
• A park rejects a buyer over the home's age. That's barred (RCW 59.20.070(9)).
• The community is for sale. Residents get a notice and a chance to compete to purchase it (RCW 59.20.320–.360).

Other authorities that may apply

The Manufactured/Mobile Home Landlord-Tenant Act (RCW 59.20.070, 59.20.073, 59.20.320–.360) governs the sale, lease transfer, and community purchase right; the Department of Commerce maintains the registry of eligible organizations (RCW 59.20.350). The home transfers through its Department of Licensing certificate of title. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.