[WSBARP] Occupant's Personal Property

[Catherine Clark]

How about getting one of those storage units that is moveable delivered to the house, fill it with the belongings, and have it delivered to her new home?  And send the bill for the cost along with the way to access it.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, August 26, 2022 11:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
Subject: [WSBARP] Occupant's Personal Property

Long story but essentially:  family relative (borderline hoarder) lives in owner's residence rent-free for years.  Relative now moves out (and moves in with new rich husband) and locks are changed a couple of months ago.  But, relative leaves a ton of stuff in residence and constantly delays in moving stuff.  Client's patience is up.  This doesn't seem to be a basic bailment situation under the WA UCC (Chapter 62A.7) (unless you all say otherwise.)  Even though residence owner never brought a UD action, can (should?) the owner follow the procedure set forth in RCW59.18.310(2) regarding abandoned stuff?  Client is willing to follow RCW 59.18.310 and hire people to move stuff to storage and then dumpster it all after the 45-day notice period is up.
My problem is that this subsection starts with "In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant,"  the LL may follow the abandonment procedure.  Since the residence was occupied rent-free, we have no "default in the payment of rent."  If  a tenant's "abandonment" doesn't work, what does work???  Client needs to stay legal (remember, it's a long story.)


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