storage of tenants stuff

Sunbeemama

New Member
Jurisdiction
Washington
My renter moved out several weeks before the end of her lease after violating the contract and nonpayment for 2 months. She left some furniture and clothes and garbage (which I deem to be of less than $250 in value). On the day the actual lease was up she left the door open for me and said she would leave the keys but did not. This was one week ago. She also left me with costly repairs from her damage. My attorney insists that I need to send an official letter and store her things and send her an itemized list......for 45 more days after we send the letter. I believe since she left voluntarily and I did not evict her that it is up to her to ask for her things and itemize them and I can dispose of them sooner without risking anything. I am willing to keep her things in the garage at her old residence for 30 days after the lease was up. Isn't that enough? Then I believe I can dispose of them (to the dump).Please give me your opinion.
 
My opinion is that you should follow your attorneys advice.
You may be able to do it your way and get away with it, but why risk it? If she ever comes back looking for her stuff do you really want her to have legitimate grounds to sue you?
This is part of being a landlord. It may be an inconvenience to you, but the law is very clear on what your obligations are.
 
I am willing to keep her things in the garage at her old residence for 30 days after the lease was up. Isn't that enough?

Nope. It's 45 days. And you MUST comply with the terms of the STATUTE to the letter.

2016 Revised Code of Washington :: Title 59 - LANDLORD AND TENANT :: 59.18 Residential landlord-tenant act. :: 59.18.310 Default in rent—Abandonment—Liability of tenant—Landlord's remedies—Sale of tenant's property by landlord, deceased tenant exception.
 
My renter moved out several weeks before the end of her lease after violating the contract and nonpayment for 2 months. She left some furniture and clothes and garbage (which I deem to be of less than $250 in value). On the day the actual lease was up she left the door open for me and said she would leave the keys but did not. This was one week ago. She also left me with costly repairs from her damage. My attorney insists that I need to send an official letter and store her things and send her an itemized list......for 45 more days after we send the letter. I believe since she left voluntarily and I did not evict her that it is up to her to ask for her things and itemize them and I can dispose of them sooner without risking anything. I am willing to keep her things in the garage at her old residence for 30 days after the lease was up. Isn't that enough? Then I believe I can dispose of them (to the dump).Please give me your opinion.


You SPOKE with YOUR attorney.

I suspect you paid, or will pay for that consultation.

You were given solid legal advice from a licensed, WA state attorney.

I suggest you heed it, or you'll be paying your attorney to defend a lawsuit alleging you STOLE $50,000 of valuable junk and priceless trinkets!!!!!
 
thank you much but what about this section ??
If the property has a cumulative value of two hundred fifty dollars or less, the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to the tenant: PROVIDED, That the landlord shall make reasonable efforts, as defined in this section, to notify the tenant. Any excess income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant for a period of one year from the date of sale, and if no claim is made or action commenced by the tenant for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income.
 
You wrote that you "deem" the value at $250 or less. Are you prepared to justify that in court if you have to?

"Reasonable" efforts to notice the tenant. Are you prepared to justify your "reasonable" efforts in court if you have to?

If you can say "yes" to both questions then you are welcome to roll the dice on the 7 day option.
 
You can do things one of two ways: (1) to the letter of the law and minimize or eliminate any risk; or (2) however you want and risk being liable for 100% of the value of the property or whatever you might receive from selling it. If you are truly confident that the stuff is only worth $250, then you have little risk.
 
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