[WSBARP] Evictions & Vehicles

Scott Thomas scott.glen.thomas at gmail.com
Wed Jan 18 10:56:53 PST 2017


I think you are obligated to use the private impound procedures of Chapter
46.55.  You might want to call a towing company, and ask them what they are
willing to do - they usually know the law far better than any of us
lawyers, and being wrong can be expensive.

On Wed, Jan 18, 2017 at 10:24 AM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> After finally working the issues out with city and county officials, I
> have got them to back off and not arrest or fine my landlord clients for
> moving the tenant’s personal property to the nearest public property (they
> tried to charge littering and illegal dumping of garbage.) RCW 59.18.312
> says, in part, “If the tenant or the tenant's representative objects to the
> storage of the property or the landlord elects not to store the property
> because the tenant has not served a written request on the landlord to do
> so, the property shall be deposited upon the nearest public property and
> may not be stored by the landlord.…”)  BUT, the hold out are the evicting
> sheriffs who says that if my landlord client moves (or drags) a tenant’s
> vehicle to the sidewalk and street, they’ll charge the landlord (“because
> we’ll know who moved it there”).
>
>
>
> Before I move up the chain of command for my local sheriff and point out
> RCW 59.18.312, I was wondering if any of you had the same problem and how
> you resolved it.  Do you agree that a tenant’s vehicle that is left on the
> premises after the execution of a writ of restitution is considered the
> tenant’s “personal property” and thus can be moved “to the nearest public
> property” under RCW 59.18.312?  Thanks for your input.
>
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