[WSBARP] Police say evicted Tenants can come back onto property to pick up personal items

Wed Mar 16 13:00:46 PDT 2022

This is kind of a grey area because if the tenants failed to get all of
their personal property out of the property by the eviction date, and the
owner/landlord did not have it moved onto the public right of way, then
there's a question as to whether the owner/landlord as "volunteered" to
store the property in compliance with RCW 59.18.312. In the event that the
landlord stored the property (either voluntarily or by written demand per
the statute), the tenant does have a right to collect it, but only after
paying reasonable or actual storage costs. Now, that doesn't necessarily
mean the tenants are allowed back on the property - it could be stored in a
storage facility, but they do have a right to collect it somehow. But if
they have not paid the reasonable or actual storage costs - then the
landlord has to go through the process outlined in RCW 59.18.312 before
disposing of the property.

It's easier to just let them back in while the police keep watch if the
landlord failed to have it removed on the day of the eviction.

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On Mon, Feb 21, 2022 at 5:36 PM Athena Dickerson <athena at detsparlaw.com>
wrote:

> The police did this to me in a recent squatter eviction and I made sure we
> had a civil standby to make sure they left after and there was no confusion
> that they were being allowed back into the premises.  This worked out ok
> for me, although this was the first time I had ever had to let a tenant
> back in.
>
>
>
> Athena Makratzakis Dickerson
>
> DETHLEFS SPARWASSER
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Monday, February 21, 2022 2:51 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Police say evicted Tenants can come back onto
> property to pick up personal items
>
>
>
> Listmates:
>
>
>
> Clients evicted Tenants with Sheriff on standby.  Not all personal items
> could be removed on date of eviction.  Police called when Tenants came
> back.  Police said that Tenants could come back between 10:00 and 5:00
> tomorrow.  However, Sheriff said if allow tenants back onto property it
> would nullify the eviction.  I have never allowed Tenants back on; I do not
> believe the police can say they can come back, but only for a short time.
> Have any of you run into this situation.
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
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