[WSBARP] Storage of Personal Property after Commercial Eviction

[HOWARD HERMAN]

It appears to me that there is a conversion of the remaining property by the landlord through the actions of his agent, the sheriff.  The tenant has been deprived access and of possession of his goods and the landlord has possession. See Martin v. Sikes, 38 Wn.2d 274, 229 P.2d 546 (Wash. 1951)

 

Howard Herman

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Gilday
Sent: Saturday, October 29, 2016 8:38 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Storage of Personal Property after Commercial Eviction

 

Tried to send this yesterday, but it doesn't look like it went through.  I apologize if it comes through twice.  

Commercial tenant was evicted and was removed by the Sheriff under the Writ of Restitution.  Unfortunately, the Sheriff wouldn't let the landlord move all of the remaining personal property to the nearest public right of way, so there is still a lot of stuff left inside the building.  I'm not seeing anything in 59.12 that addresses this issue and haven't been able to find any case law that seems to give a good indication on what should be done to get rid of the stuff or what the landlord should do.   Should landlord mirror what would be required under 59.18, or is there a simpler (faster) way?  Assume the lease is silent on the matter.  

Thank you in advance for any assistance.  

-- 



Very Truly Yours,

Gregory L. Gilday 

Law Office of Cole & Gilday, P.C. 

 

10101 - 270th St. NW 

P.O. Box 249 

Stanwood, WA 98292 

(360) 629-2900 (Telephone) 

(360) 629-0220 (Fax) 

 

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