[WSBARP] Storage of Personal Property after Commercial Eviction

[Rowley, Rob]

Except that the commercial landlord has a statutory lien against the
personal property for two months rent which allows him/her to retain
posession for purposes of foreclosing the lien.

RCW 60.72.010
Liens created—Priority—Extent—Exceptions.
Any person to whom rent may be due, his or her executors, administrators,
or assigns, shall have a lien for such rent upon personal property which
has been used or kept on the rented premises by the tenant, except property
of third persons delivered to or left with the tenant for storage, repair,
manufacture, or sale, or under conditional bills of sale duly filed, and
such property as is exempt from execution by law. Such liens for rent shall
be paramount to, and have preference over, all other liens except liens for
taxes, general and special liens of labor, and liens of mortgages duly
recorded prior to the tenancy. Such liens shall not be for more than two
months' rent due, except that a lien for up to four months' rent due may be
established when the tenant is renting a mobile home lot in a mobile home
park as defined in RCW 59.20.030
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.20.030>. No lien may be
enforced for any rent or any installment thereof which has been due for
more than two months at the time of the commencement of an action to
foreclose such liens, except that a lien may be enforced for rent due for
up to four months at the time of the commencement of an action to foreclose
the lien when the tenant is renting a mobile home lot in a mobile home park
as defined in RCW 59.20.030
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.20.030>. No writing or
recording shall be necessary to create such lien; and if such property be
removed from the rented premises and not returned to the owner, agent,
executor, administrator, or assign, the lien shall continue and be a
superior lien on the property so removed for ten days from the date of its
removal, and the lien may be enforced against the property wherever found.
In the event the property contained in the rented premises be destroyed by
fire or other elements, the lien shall extend to any money that may be
received by the tenant as indemnity for the destruction of the property,
nor shall the lien be lost by the sale of the property, except merchandise
sold in the usual course of trade or to purchasers without notice of the
tenancy. The provisions of this chapter shall not apply to, nor shall it be
enforced against, the property of tenants in dwelling houses or apartments
or any other place that is used exclusively as a home or residence of the
tenant and his or her family.

On Sun, Oct 30, 2016 at 3:19 PM, HOWARD HERMAN <hhherman2 at comcast.net>
wrote:

> 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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-- 


*Robert R. Rowley*, Attorney at Law

7 S. Howard St., Suite 218

Spokane, WA  99201

T: (509) 252-5074

C: (509) 994-1143

F: (509) 928-3084

E: rob at rowleylegal.com

W: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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