Please Support HB 1865/SB 5800 – Joseph Puckett, Attorney At Law
The RLTA was amended in 1992 with the intent to provide a statutory mechanism for a landlord to recover for the costs of moving and storage if the landlord opted to store the tenants property after a physical eviction. Unfortunately, a recent decision by the Court of Appeals in Spokane misread the intent of the legislature and ruled that landlords must store a tenant’s personal property when conducting a physical eviction. As a result of that decision the Pierce County and King County Sheriffs have issued a statement that they would immediately begin requiring landlords to store a tenant’s personal property when a physical eviction was performed. This decision could cost landlords hundreds, and possibly, thousands of dollars.
When making its decision in regards to RCW 59.18.312 (writ of restitution), the court reviewed 59.18.310 (abandonment of property) and because .310 states 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. And .312 states A landlord may, upon the execution of a writ of restitution by the sheriff, enter and take possession of any property of the tenant found on the premises and store the property in any reasonably secure place. Because the word “may” does not appear before the word “store” as it does in .310, the court held that it was optional with the landlord to enter the property but that if the landlord did enter the landlord was required to store the property. This was not the intent of the legislature.
HB1865/SB 5900 clarifies the law to ensure that it is the choice of the landlord to store the tenants property.
Prior to the date of the physical eviction, the tenant is given at least 3 written notices and an opportunity to contest or dispute the eviction. The tenant has plenty of warning and many opportunities to remove or store his or her belongings prior to physical eviction.
The eviction process will usually take between 30 and 45 days to complete after the first notice is given to the tenant. In addition to the lost rent, the eviction process will cost the landlord between $350 and $600 in attorneys fees and between $150 and $300 in court costs. Mandating the landlord store the tenants property, in addition to the burden of the eviction process, is simply unfair.
– Please feel free to email me if you have any questions!