[WSBARP] UD Gurus and Tenant's Possessions

[swhite8893 at aol.com]

You are not required to move any of the property unless the tenant, at the
time the writ is executed, elects to have it put out on to the street. You
are required to store the property. You can store the property on the
premises by simply changing the locks (which you need to do to make it
clear you have secured possession and are excluding the tenant, making it
clear that any re-entry is a trespass). We went through this with our
local sheriff's department and after consultation with the prosecutor's
office agree that was permitted. The next step is what do you do with
everything. First, taking a bunch of pictures is important to avoid later
claims you disposed of things of value. Beyond that look at RCW 59.18.310
or .312 for the steps you have to follow. If something has no value, which
is always a subjective determination, then you are pretty safe just
dumping the stuff both under the statute and the "no harm no foul"
approach. Also, if the tenant makes a claim, you probably have a great
counterclaim that you probably aren't going to pursue unless forced to.
     Two other thoughts. I always encourage the landlord to allow the
tenant to go back in, supervised(never giving the tenant a key), to
retrieve belongings. It saves having to dispose of them. I also encourage
landlords to set aside family photos and such, and make best efforts to
get them back to the tenant just because its the right thing to do. 
     
 
Steve
 
Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
 
 
-----Original Message-----
From: Roger Hawkes <Roger at law-hawks.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Thu, Jun 26, 2014 1:03 pm
Subject: RE: [WSBARP] UD Gurus and Tenant's Possessions


Yes; think of who could object and what the result of an objection hearing
would/could be.
 
Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com
206 367 5000
Fax is 206 367 4005
 
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com
<mailto:wsbarp-owner at lists.wsbarppt.com?> ] On Behalf Of Paul Neumiller
Sent: Thursday, June 26, 2014 12:52 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD Gurus and Tenant's Possessions
 
 
 
Hey Listmates.  Sheriff arriving on Friday at 2 pm to evict (tenants
appear to be gone).  The house and outbuildings are FULL of stuff (as in
several dumpsters).  Movers are ready to haul to the “nearest public
property” and we are working with the county’s Public Works department
regarding the mess.  The house is located in a rurual area and the power
has been off for months. 
 
If the movers move everything in one shot starting at 2 pm, they will have
to work into the wee hours of the night and bring in generators and banks
of lights to clean out the house and outbuildings.  I am inclined to allow
them to finish the job on Saturday just for health/safety reasons for the
workers stomping around the property after dark.  Do you think it is ok
for the movers to work until nightfall and then come back the next day and
move the rest of the stuff?  Any thoughts?
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Bar Association nor its officers or agents. 
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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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