[WSBARP] Length of Time Tenant's belongings must stay on public right of way

Thu Mar 17 13:19:50 PDT 2022

Whoa. Then what happens after 24 hours?  Whose code violation?  Chapter 59.18 authorizes the LL to move the evicted tenants personal possessions to "the nearest public place."  It does not give a time limit.  I do not think the LL has the authority to move the stuff after 24 hours.  The stuff belongs to the T.  It's in the public street.  What do you advise your clients?  Are you telling them to then dumpster everything or to store it?  Or is there a third option?

OK, so I had this argument with the Island County Sheriff and the Public Works-Road Division.  They said they would arrest my client for littering and illegal disposal of garbage when my client starting moving the T's possessions to the street (but outside of the fog line) after an eviction.   They quoted the County Ordinances to me.  I quoted the state statute to them.  They questioned if the street was the "nearest public place" until I asked them to speak to their supervisor and ask if they wanted my client to move the tenant's stuff to the Sheriff's office front steps or the City Hall's front steps (I never heard back).  I now have a tacit agreement that when a client obtains a writ and a lock out date, we inform the Public Works-Road Division and they come out two or three days after the lock out date and clean everything up and off the street.

I had the same argument with the code enforcer for the City of Oak Harbor.  Same threats, same arguments.  But Oak Harbor took more than three weeks to clean up the sidewalk (it was within the city limits).

What are you guys advising your clients and what push back have you had?  What do you think the LL is supposed to do after 24 hours, if anything?

[cid:image001.jpg at 01D839FE.D8315DE0]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, March 16, 2022 1:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Length of Time Tenant's belongings must stay on public right of way

24 hours is my understanding. It usually becomes a code violation after that.

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On Thu, Feb 17, 2022 at 4:05 PM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates:

Sheriff executed on the writ of restitution; clients, the Landlords, put tenant's personal property on the nearest right of way.  Question, how long must that stuff stay there?

Jeff Davis.

W. Jeff Davis
BELL & DAVIS PLLC
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