[WSBARP] Storage of Personal Property after Commercial Eviction

[Douglas W. Scott]

Not sure if this is correct, but in the past I have photographed the stuff left by commercial tenants and received an independent value and sent correspondence to the tenant, followed by a phone call, giving them the option to come and get it and saying that if they don’t make arrangements to get it by a certain time I will assume that that they are abandoning it and will dispose of it in the most practical way. The tenant sometimes comes by to get what they want and leaves the rest telling us that they don’t want it and then we toss it.  If they simply abandon it all, and there are any items worth selling, then we sell it on craigslist and apply the money to past due rent giving the tenant a full accounting.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

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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