How Do I Dispose of Property of a Deceased Tenant in Washington?
Full Question:
Answer:
A landlord must make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal.
The landlord should send the notice by first-class mail, postage prepaid, of such notice to the tenant's last known address and to any other address provided in writing by the tenant or
actually known to the landlord where the tenant might receive the notice. The next of kin may be notified, or anyone responsible for handling the affairs of the deceased, such as the executor or administrator of the estate.
RCW 59.18.310 If the tenant defaults in the payment of rent and reasonably
indicates by....
If the tenant defaults in the payment of rent and reasonably indicates by
words or actions the intention not to resume tenancy, the tenant shall be
liable for the following for such abandonment: PROVIDED, That upon learning
of such abandonment of the premises the landlord shall make a reasonable
effort to mitigate the damages resulting from such abandonment:
(1) When the tenancy is month-to-month, the tenant shall be liable for
the rent for the thirty days following either the date the landlord learns
of the abandonment, or the date the next regular rental payment would have
become due, whichever first occurs.
(2) When the tenancy is for a term greater than month-to-month, the
tenant shall be liable for the lesser of the following:
(a) The entire rent due for the remainder of the term; or
(b) All rent accrued during the period reasonably necessary to rerent the
premises at a fair rental, plus the difference between such fair rental and
the rent agreed to in the prior agreement, plus actual costs incurred by
the landlord in rerenting the premises together with statutory court costs
and reasonable attorney's fees.
In the event of such abandonment of tenancy and an accompanying default
in the payment of rent by the tenant, the landlord may immediately enter
and take possession of any property of the tenant found on the premises and
may store the same in any reasonably secure place. A landlord shall make
reasonable efforts to provide the tenant with a notice containing the name
and address of the landlord and the place where the property is stored and
informing the tenant that a sale or disposition of the property shall take
place pursuant to this section, and the date of the sale or disposal, and
further informing the tenant of the right under RCW 59.18.230 to have the
property returned prior to its sale or disposal. The landlord's efforts at
notice under this subsection shall be satisfied by the mailing by
first-class mail, postage prepaid, of such notice to the tenant's last
known address and to any other address provided in writing by the tenant or
actually known to the landlord where the tenant might receive the notice.
The landlord shall 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. After forty-five days
from the date the notice of such sale or disposal is mailed or personally
delivered to the tenant, the landlord may sell or dispose of such property,
including personal papers, family pictures, and keepsakes. The landlord may
apply any income derived therefrom against moneys due the landlord,
including actual or reasonable costs whichever is less of drayage and
storage of the property. If the property has a cumulative value of fifty
dollars or less, the landlord may sell or dispose of the property in the
manner provided in this section, except for personal papers, family
pictures, and keepsakes, after seven days from the date the notice of sale
or disposal is mailed or personally delivered to the tenant: PROVIDED, That
the landlord shall make reasonable efforts, as defined in this section, to
notify the tenant. Any excess income derived from the sale of such property
under this section shall be held by the landlord for the benefit of the
tenant for a period of one year from the date of sale, and if no claim is
made or action commenced by the tenant for the recovery thereof prior to
the expiration of that period of time, the balance shall be the property of
the landlord, including any interest paid on the income.
RCW 59.18.230 (1) Any provision of a lease or other agreement, whether oral
or written,....
(1) Any provision of a lease or other agreement, whether oral or written,
whereby any section or subsection of this chapter is waived except as
provided in RCW 59.18.360 and shall be deemed against public policy and
shall be unenforceable. Such unenforceability shall not affect other
provisions of the agreement which can be given effect without them.
(2) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies under this chapter;
or
(b) Authorizes any person to confess judgment on a claim arising out of
the rental agreement; or
(c) Agrees to pay the landlord's attorney's fees, except as authorized in
this chapter; or
(d) Agrees to the exculpation or limitation of any liability of the
landlord arising under law or to indemnify the landlord for that liability
or the costs connected therewith; or
(e) And landlord have agreed to a particular arbitrator at the time the
rental agreement is entered into.
(3) A provision prohibited by subsection (2) of this section included in
a rental agreement is unenforceable. If a landlord deliberately uses a
rental agreement containing provisions known by him to be prohibited, the
tenant may recover actual damages sustained by him and reasonable
attorney's fees.
(4) The common law right of the landlord of distress for rent is hereby
abolished for property covered by this chapter. Any provision in a rental
agreement creating a lien upon the personal property of the tenant or
authorizing a distress for rent is null and void and of no force and
effect. Any landlord who takes or detains the personal property of a tenant
without the specific written consent of the tenant to such incident of
taking or detention, and who, after written demand by the tenant for the
return of his personal property, refuses to return the same promptly shall
be liable to the tenant for the value of the property retained, actual
damages, and if the refusal is intentional, may also be liable for damages
of up to one hundred dollars per day but not to exceed one thousand
dollars, for each day or part of a day that the tenant is deprived of his
property. The prevailing party may recover his costs of suit and a
reasonable attorney's fee.
In any action, including actions pursuant to chapters 7.64 or 12.28
RCW, brought by a tenant or other person to recover possession of his
personal property taken or detained by a landlord in violation of this
section, the court, upon motion and after notice to the opposing
parties, may waive or reduce any bond requirements where it appears to be
to the satisfaction of the court that the moving party is proceeding in
good faith and has, prima facie, a meritorious claim for immediate
delivery or redelivery of said property.
