[WSBARP] landlords lien and other UCC considerations

[Andrew Hay]

Contract language varies.  Sometimes a clause like this (from CBA Lease)

c.      Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk. If Tenant does not pay the storage cost within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys' fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent.

You may also have written lien rights.

7.      LESSOR'S LIEN: As additional security, LESSEE acknowledges, to the extent allowed by applicable law, the LESSOR'S right to hold and sell with due legal notice all property on or to be brought on the Premises in order to satisfy unpaid Rent, expenses, and utilities.   No property of LESSEE brought onto the Leased Premises shall be removed by LESSEE other than in the ordinary course of business as long as LESSEE is in default in the terms of this lease.

RCW 60.72.010 comes into play as well and there may be other people
with prior secured interests.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Athena Dickerson
Sent: Friday, July 30, 2021 9:53 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] landlords lien and other UCC considerations

Hi Listmates,

Anyone dealt with executing on a landlord's lien and/or had to deal with a commercial tenant's personal property left behind after eviction.  Usually in the past I have had the opposite problem where tenants take everything, including things that are not theirs to take (fixtures, etc).   I know RCW 60.72 covers landlords lien but looking for some practical advice, especially since the value of the personal property will no doubt exceed any landlord lien recovery.    Or maybe a referral to someone my client can consult with on this?

Thanks!

Athena Makratzakis Dickerson
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