In a common scenario, a defaulting tenant will leave behind personal property. What is a landlord suppose to do about this?
When the tenant defaults on rent
If a tenant defaults in rent and reasonably indicates the intention not to resume tenancy, the landlord may enter and take possession of any property of the tenant found on the premises and may store it in a reasonably secure place. RCW 59.18.310(b).
The landlord must make reasonable efforts to provide the tenant with notice which contains the name and address of the landlord and the place where the property is stored. The notice must also inform the tenant that a sale or disposition of the property shall take place pursuant to RCW 59.18.310, and provide date of the sale or disposal. The notice must also inform the tenant of his or her right to have the property returned prior to the sale under RCW 59.18.230.
The notice obligations are met by mailing the notice first class, postage pre-paid to the tenant’s last known address and to any other address provided by the tenant.
The landlord must return the property to the tenant after the tenant has paid the actual or reasonable drayage and storage costs, whichever is less, if the tenant makes a written request for the return of the property before the landlord has sold or disposed of the property.
The sale or disposal may occur 45 days from the date of the notice. Any income from the sale may be applied against moneys due, including actual or reasonable costs of storage.
If the property is less valued at less than $250 the landlord may sell or dispose of the property after 7 days from the date of the notice of sale or disposal is mailed or personally delivered, provided the landlord makes reasonable efforts to notify the tenant.
When the tenant is evicted
The rules change if there has been an eviction. If a writ of restitution has been executed by the sheriff, RCW 59.18.312 applies. The landlord “shall” enter and take possession of tenant property found on the premises, and may store the property in a reasonably secure place, with the option of selling or disposing of the property.
The landlord must store the property if the tenant serves him with a written request to do so within 3 days after service of the writ. Without such service the landlord may elect to store the property. If the tenant objects to the storage, the property must be deposited upon the nearest public property and may not be stored by the landlord.
Before the landlord is entitled to a sale of the property valued at over $250 he must give notice to the tenant via first-class mail or personal delivery. For property valued at $250 or less, the landlord may sell or dispose of the property after seven days from the date the notice is mailed or delivered to the tenant.
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