[WSBARP] Writ of Restitution with vehicles and trailers

[Paul Neumiller]

"When executing a writ of restitution, if the tenant has not signed a request to store personal property, the landlord must remove the personal property to the nearest public space."

Not to put too fine a line on this, but this is not an accurate statement of the law under RCW 59.18.312.  Only if the tenant objects or the L declines to store the items, must the LL remove the property.  In other words, though unlikely, the LL can opt to store the items unless the T objects.

RCW 59.18.312 states, in part, "A landlord may elect to store the property without such a request unless the tenant or the tenant's representative objects to the storage of the property. If the tenant or the tenant's representative objects to the storage of the property or the landlord elects not to store the property because the tenant has not served a written request on the landlord to do so, the property shall be deposited upon the nearest public property and may not be stored by the landlord."

Regarding abandoned vehicles, this is still an ongoing battle in Island County.  I usually call the local road shop for the public works department and ask where they want us to place the T's possessions.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gwendolyn Cornwell
Sent: Wednesday, August 31, 2022 11:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Restitution with vehicles and trailers

Hello all,

When executing a writ of restitution, if the tenant has not signed a request to store personal property, the landlord must remove the personal property to the nearest public space.  My client's tenant has decrepit vehicles and a trailer on the premises. The street has no shoulder or sidewalk.  What does the landlord do with them?  Can they have them towed to a private impound?

Thank you!


Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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