[WSBARP] Commercial Lease - Dry cleaner "out of business"

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

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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

2200 Sixth Avenue, Suite 1250

Seattle, WA 98121

Phone:  (206) 838-2528

Direct Dial:  (206) 274-7941

Cell:  (206) 409-8938

Fax: (206) 374-3003

Email:  cat at loccc.com <javascript:_e(%7B%7D,'cvml','cat at loccc.com');> 

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <javascript:_e(%7B%7D,'cvml','ron at housh.org');> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <javascript:_e(%7B%7D,'cvml','ron at housh.org');> ron at housh.org

-- 

Nicholas L. Clapham
(206)939-0262

NOTICE- This email message may contain confidential and privileged 
information. It is intended only for the named recipent(s) and may contain 
attorney work product and/or information exempt from disclosure under 
applicable law. Any unauthorized use is prohibited.  If you are not the 
intended recipient, please contact the sender by reply email and destroy 
all copies of the original message. This does not constitute an electronic 
signature.

Pursuant to U.S. Treasury Department Circular 230 and other IRS 
regulations, unless we expressly state otherwise, any tax advice contained 
in this communication (including any attachments) was not intended or 
written to be used, and cannot be used, for the purpose of (i) avoiding 
tax-related penalties or (ii) promoting, marketing or recommending to 
another party any transaction or matter(s) addressed herein. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170216/f4f1201d/attachment.html>