[WSBARP] Commercial Lease - Dry cleaner "out of business"
Samuel M. Meyler
samuel at meylerlegal.com
Thu Feb 16 17:36:59 PST 2017
I recall this happening to a drycleaner down the street from my office. Here is the link: <http://komonews.com/news/local/local-drycleaners-abruptly-closes-frustrating-customers> http://komonews.com/news/local/local-drycleaners-abruptly-closes-frustrating-customers
Looks like the drycleaner worked something out with a nearby drycleaner to take and hold the patrons clothing. Although I don’t know that this would relieve the landlord of potential liability if clothing went missing, they may be able protect themselves by inventorying all of the items and having a written agreement with the stand-in drycleaner as to the drycleaner’s agreement to take, hold and deliver to rightful owners if and when called upon. The benefit to the stand-in drycleaner is that they probably get some new business as a result of patrons coming to their place of business to pick up their items. Just trying to think outside the box.
Samuel M. Meyler
Meyler Legal, PLLC
221 1st Ave. West, Suite 320
Seattle, Washington 98119
Tel: 206.876.7770
Fax: 206.876.7771
Email: <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of NC
Sent: Thursday, February 16, 2017 5:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Commercial Lease - Dry cleaner "out of business"
Reviewing bailment law may also provide assistance.
On Thursday, February 16, 2017, Catherine Clark <Cat at loccc.com <mailto:Cat at loccc.com> > wrote:
You might think about getting a farm package from a title company for the properties within a certain distance and then send a postcard/one page letter to those folks. You might also post flyers in the neighborhood.
I’m not sure that the lease gives the LL any interest in those clothes. Should some one complain, you should be able to show that you tried everything you could think of to contact them.
Catherine C. Clark
Law Office of Catherine C. Clark PLLC
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Seattle, WA 98121
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From: wsbarp-bounces at lists.wsbarppt.com <javascript:_e(%7B%7D,'cvml','wsbarp-bounces at lists.wsbarppt.com');> [mailto:wsbarp-bounces at lists.wsbarppt.com <javascript:_e(%7B%7D,'cvml','wsbarp-bounces at lists.wsbarppt.com');> ] On Behalf Of Ron Housh
Sent: Thursday, February 16, 2017 8:56 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <javascript:_e(%7B%7D,'cvml','wsbarp at lists.wsbarppt.com');> >
Subject: Re: [WSBARP] Commercial Lease - Dry cleaner "out of business"
Always amazed at new and different fact patterns:
Commercial lease for dry cleaner operation. Lessee breaches Lease – nonpayment of rent. Lessee has vacated the premises and arguably abandoned all property within the premises. Lease does state that personal property of Lessee left behind is abandoned and becomes the property of Lessor.
BUT, Lessee has closed the doors of his business and there are clothes belonging to customers on the racks. Lessor will post signage opening the doors 2 or 3 times for customers to retrieve clothes.
Lessor says clothes have slips with last name only – no phone #.
Other than posting the plans to open the doors a couple times, does the lessor have any further duties with regard to the clothes not retrieved by lessee’s customers? Thanks.
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
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Mount Vernon Office:
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Mount Vernon, WA 98274
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