[WSBARP] What to do with personal property

[Paul Neumiller]

Jennifer, sometimes, I am able to get the T to believe that leaving a mess can cause trouble and expenses for the T and the LL is willing to remove the personal property but only if the T signs the letter below.  If necessary, the LL usually willing to not offset any deposit and use only the release language (but not the indemnification language):  

 

“As you know, you entered into a Residential Rental Agreement, dated ____________, in which you leased the premises commonly known as _____________________, Washington.  This letter confirms that you have abandoned the premises as of ______________, 2004.  Furthermore, you have either abandoned personal property left on the premises or deny that any of the personal property belongs to you.  While the Landlord is willing to dispose of the personal property (and deduct the costs from your deposit, if any), the Landlord is unwilling to do so unless you indemnify and release the Landlord from all liability and waive any rights that you have in the personal property.  In exchange for the Landlord disposing of the personal property, you hereby agree to indemnify, defend, protect, hold harmless, and forever release and discharge the Landlord and the Landlord’s agents, of and from any and all claims, demands, causes of action, damages, costs and expenses, attorney’s fees, and obligations of any kind or nature whatsoever, whether known or unknown, in law or in equity, whether you have had, may now have, or may hereafter have arising out of, or in any way connected with the disposal of any and all personal property left in, on, or about the premises.

 

If this letter fully and accurately reflects our agreement regarding your abandonment of premises and the personal property, and the Landlord’s authority to dispose of the personal property left on the premises in any manner the Landlord sees fit, please signify your agreement below by signing and dating where appropriate.  Other than disposal of the personal property, this letter does not affect any additional rights the parties may have against the other regarding the Residential Rental Agreement.”

 

 

 



 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Wednesday, October 21, 2015 6:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] What to do with personal property

 

Hello all,

 

A client had previously been letting a family (Husband, Wife and Child) live in a mobile home on client’s property.  No rent, no agreement.  About two weeks ago, Husband threatened to kill client’s wife and was arrested and charged with felony harassment.  There is a no-contact order prohibiting the Husband from going back to the property and contacting client.  Wife and Child moved from the mobile home, and Wife was told by a sheriff’s deputy that she would be charged with trespassing if she went back to the property.  Apparently, Husband and Wife left a lot of personal property in and around the mobile home and Client has heard that they don’t plan to get any of it.  He wants to go ahead and get rid of it.  Are there any notice requirements or procedure he needs to follow?  I’m only familiar with what is set out in the RLTA but I don’t believe that applies here.

 

If someone can point me in the right direction, it would be much appreciated.

 

Thank you,

 

Jennifer Johnson | Attorney

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

 

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