[WSBARP] Eviction Moratorium + Death of Tenant

[K. Garl Long]

Open probate as a creditor?

Garl


On 02/09/2021 04:37 PM, Scott Russon wrote:
>
> Client has a mobile home space tenant who lived alone and passed away 
> (no one else lived with the tenant).  Despite efforts by client, no 
> one wants to deal with the personal property left behind (including 
> the mobile home and a truck that are both in the tenant’s name), and 
> its clear no probate will be opened.  Has anyone used RCW 59.18.595 
> for a mobile home tenant?  There is no equivalent under the mobile 
> home statute, and this seems to be a way to provide due process in the 
> mobile home context.  Also, the statute requires a statement that the 
> tenancy will terminate after a 15-day notice.  So would this be 
> included under the eviction moratorium, prohibiting us from sending 
> this notice?  No one would be thrown out of their home, and I can’t 
> imagine the moratorium intended to include this situation.  Any 
> thoughts or experience with this would be welcome!
>
> *RCW 59.18.595 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.595>*
>
> *Death of a tenant**—**Landlord duties**—**Disposition of property 
> procedures**—**Liability.*
>
> (1) In the event of the death of a tenant who is the sole occupant of 
> the dwelling unit:
>
> (a) The landlord, upon learning of the death of the tenant, shall 
> promptly mail or personally deliver written notice to any known 
> personal representative, known designated person, emergency contact 
> identified by the tenant on the rental application, known person 
> reasonably believed to be a successor of the tenant as defined in RCW 
> *11.62.005* <http://app.leg.wa.gov/RCW/default.aspx?cite=11.62.005>, 
> and to the deceased tenant at the address of the dwelling unit. If the 
> landlord knows of any address used for the receipt of electronic 
> communications, the landlord shall email the notice to that address as 
> well. The notice must include:
>
> (i) The name of the deceased tenant and address of the dwelling unit;
>
> (ii) The approximate date of the deceased tenant's death;
>
> (iii) The rental amount and date through which rent is paid;
>
> (iv) */A statement that the tenancy will terminate fifteen days/* from 
> the date the notice is mailed or personally delivered or the date 
> through which rent is paid, whichever comes later, unless during that 
> time period a tenant representative makes arrangements with the 
> landlord to pay rent in advance for no more than sixty days from the 
> date of the tenant's death to allow a tenant representative to arrange 
> for orderly removal of the tenant's property. */At the end of the 
> period for which the rent has been paid pursuant to this subsection, 
> the tenancy ends/*;
>
> (v) A statement that failure to remove the tenant's property before 
> the tenancy is terminated or ends as provided in (a)(iv) of this 
> subsection will allow the landlord to enter the dwelling unit and take 
> possession of any property found on the premises, store it in a 
> reasonably secure place, and charge the actual or reasonable costs, 
> whichever is less, of drayage and storage of the property, and after 
> service of a second notice sell or dispose of the property as provided 
> in subsection (3) of this section
>
> Sincerely yours,
>
> SCOTT E. RUSSON
>
> Attorney at Law
>
> Yates Marshall, PLLC
>
> 10000 N.E. 7th Avenue, Suite 200
>
> Vancouver, WA 98685
>
> Phone: (360) 449-6100
>
> Fax:    (360) 449-6111
>
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