[WSBARP] The Lawmower Man

[Eric Nelsen]

First, I want to be known from here on as a "Law-mower." That is my favorite pun this month.

On the issue: Depending on total value at risk, I'm inclined to say that LL and T should agree that LL can break the lock and take everything out and dump it in the neighbor's yard, preferably under some kind of shelter so it doesn't get rained on, and preferably somewhere out of sight from the street so risk of theft is reduced.

Analysis: LL has no relationship to neighbor. Neighbor's rights are only relative to what T could have granted, which seems to me to be at best a license that is clearly revocable at will. (Right? Neighbor isn't paying anything to T?) T did neighbor a favor without expectation of benefit, which I think makes T a "gratuitous bailee." White v. Burke, 31 Wn.2d 573, 197 P.2d 1008 (1948). Duty is only of "slight care" to not allow loss from gross negligence. Nist v. Tudor, 67 Wn.2d 322, 324, 407 P.2d 798 (1965) (bonus useless fact--they use a lawnmower as their example in the case!).

So, if LL and T are friendly, LL and T should cooperate to put the stuff back on the neighbor's property, using at least "slight care" to make sure it doesn't get damaged by getting wet or stolen. If that's not immediately convenient, could send a letter to the neighbor first saying, "you have 24 hours to remove all your property or we're breaking the lock and will put all your stuff in your yard" or wherever. Then if they don't comply, they have notice of where their stuff is going to be, and care for it after that point is their problem.

I wouldn't be too concerned about the value of the lock as it's a wrongful attempt to exclude those with lawful rights to access, and it's not related to neighbor's residence. It's admittedly damage to another's property, but I would think that (a) it's de minimis value and (b) damage to an item that was an instrument of a tortious act should be barred by equity. If some of LL's or T's stuff is also in the garage, then the act of putting the lock on the garage is also a tort of conversion of those chattels, if demand is made for access and it's not provided.

Then LL should, in a friendly way, deliver a written notice to T to not grant any other persons the right to keep property at the premises. And integrate it into the lease/rental agreement if at all possible.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of michael at westseattleattorney.com
Sent: Friday, March 15, 2019 3:40 PM
To: WSBA Real Property List
Subject: [WSBARP] The Lawmower Man

A landlord called my office today with a new problem I'm trying to figure out how to solve. Tenant rents a single family house with a garage. The tenant gives a neighbor permission to store a lawnmower in the garage because the neighbor didn't have space for it. Over time the neighbor slowly moves more and more stuff into the garage, and eventually the backyard of the property. Eventually the neighbors puts a lock on the garage and neither landlord nor tenant can get in. The tenant is a long time occupant and has good relationship with the landlord, he doesn't just want to kick her out.

Question: What's the best way to go about getting the neighbor to remove his stuff. I'm looking at maybe a forcible detainer or trespass action against the neighbor. Any other claims or ways to get him out? Since the neighbor originally had permission to store a lawnmower I'm a little hesitant to tell them to just break the lock and toss the stuff (apparently the police suggested this when the tenant called)


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