[WSBARP] Physical evictions

[Craig Gourley]

It is not my property it belongs to the tenant.  Once I have moved it by statutory authority and secured it ( covered) I have no right to take it, move it or dispose of it. It is not mine.   To further make a point the tenant moved her disabled car to the road margin, would the landlord be responsible for that as well?   Interesting argument that the statute does not say the LL can move it for free.  Need to think about that one.   I guess if it was a criminal cite and penalty, a civil citation and penalty or a " fee" would have a bearing.  I don't see how they can cite you for following the law.  Too late on a Friday to give much more of a thoughtful argument.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, August 26, 2022 3:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Physical evictions

"2. Legally we could not touch it again and could not be held responsible for its removal."

Craig, where is the legal authority for this statement?

I have one local municipality tell me recently that while the RCW says the landlord shall move the tenant's personal possessions to the near public place, that doesn't mean the landlord can do it for free.  Where is the authority that the LL is not responsible for its removal?


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Friday, August 26, 2022 2:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Physical evictions

Listmates, I thought I would give a brief report on recent experiences on physical evictions.  In my 38 years of playing this game I had only had 2 physical evictions, until now.  I have had 3 in the last month.   The local jurisdictions appear to not have any understanding of the statute governing tenant property.  These are cases with no requests for storage by the tenant.

Yakima: I was advised by the Sheriff that everything had to be moved to the margin of the road ( so far so good) and left for 24 hours.  They then advised us that we could not touch it for 24 hours ( again accurate) but after expiration of such time we, as landlord would be cited if the property was not immediately removed. Apparently Yakima thinks its municipal code overrides the state statute.   Fortunately the argument was avoided by the tenant, on video, instructing us to discard everything and not place it on public property,  ( 4000 pounds to the dump in 100 degree weather- that was a fun day. )

Sedro Woolley:   To avoid the issue  here we called the City in advance, telling them we were doing a physical eviction and wanted to make sure we were all on the same page.  We were send on the bureaucratic circuit from public works, planning and eventually the police department, working our way up to a lieutenant. None of them understood the law and made various demands and essentially threats.  We finally got the name of the City attorney whom we were advised would not speak to us.   Code enforcement was dispatched and they demanded that we place the tenants belongings on our property.  We advised her this was not correct and the Skagit County Deputy overseeing the eviction read her the RCW off his phone.  Despite it saying nearest public property, code enforcement says we cannot deposit it on a street, alley or sidewalk.   She required us to haul it to the next block and place it between the road and sidewalk.  Gwendolyn from our office was able to speak with the City Attorney who agreed that 1. We were supposed to deposit on the nearest public property. 2. Legally we could not touch it again and could not be held responsible for its removal.  She supposedly was advising the City as such.   We will see if we get a citation is in the mail.

So the point here is be ready to do battle with the municipality that will be ignorant of the law and will try to treat it a essentially " littering"  by the landlord.  They will cite you and charge you for the removal.  Go armed with a copy of the statute and if possible, have a conversation with the City/ County attorney in advance.   Such fun.

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