[WSBARP] UD Gurus and Tenant's Possessions

[Rick Hoss]

Re storing or moving a tenant’s personal effects to the curb. I suggest
you read the statute AND exercise common sense. A pro bono referral to me
(under prior statute) had all of her property moved to the curb. The
landlord’s insurance company finally paid the tenant for her loss $30,000.
There were bad facts (one of tenant’s items was prominently displayed in
managers apartment; garbage truck didn’t come the day claimed, confusing
notice). But before I ever participate in removing all of a tenant’s
effects to a curb I will try hard to find a better way. This tenant was
devastated even though she missed a few deadlines. She was delinquent and
wrong, maybe a little unbalanced, but every single personal and family
item she owned was dumped on the curb then gone. 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, June 26, 2014 2:40 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] UD Gurus and Tenant's Possessions

 

See imbedded answers and responses.

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Thursday, June 26, 2014 1:26 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] UD Gurus and Tenant's Possessions

 

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. 

 

[I strongly disagree with this statement.  RCW 59.18.312 says, in part,:
“A landlord may elect to store the property without such a request unless
the tenant or the tenant's representative objects to the storage of the
property. If the tenant or the tenant's representative objects to the
storage of the property or the landlord elects not to store the property
because the tenant has not served a written request on the landlord to do
so, the property shall be deposited upon the nearest public property and
may not be stored by the landlord.”  So, if the Tenant does not request
storage AND the LL doesn’t want to store, then the LL “shall” dump the
stuff on the sidewalk.]

 

 

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.

[I have NEVER had a LL chose to store the junk.  Every property manager I
have spoken with has told me that storing is a royal pain in the neck and
the LL never recoups the cost of drayage and storage.  Even if LL stores
in place, it’s lost income.  It would be a rare case for me to recommend
storage when the law allows the LL to dump on the sidewalk and forget
about it.  From a non-emotional aspect, why would a LL want to incur the
expense and hassle of storing tenant’s stuff?  Most LLs simply want to
flip the apartment as fast as possible and turn it back into an
income-generating asset.]

     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. 

[me too.  I’d rather the tenant haul the stuff away instead of my workers.
In the part I have worked with other family members to be there.]

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. 

 

[perhaps in some cases but this is an eviction after a foreclosure.  With
the borrower/tenant having the minimum of 120 days under the foreclosure
procedure and the 1.5 months it has taken to finally get the Sheriff out
there, the tenant has had plenty of time to secure those items of
importance to the borrower/tenant.]

     

 

Steve

 

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

 <mailto:swhite8893 at aol.com> swhite8893 at aol.com

 

 

-----Original Message-----
From: Roger Hawkes < <mailto:Roger at law-hawks.com> Roger at law-hawks.com>
To: wsbarp < <mailto:wsbarp at lists.wsbarppt.com> 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:  <mailto:wsbarp-owner at lists.wsbarppt.com>
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:  <mailto:wsbarp at lists.wsbarppt.com> 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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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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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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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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As with all lists - let the reader beware! No warranties or
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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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