First, make certain the tenant is really "out" legally. If the tenant was not evicted through the sheriff
then the tenant may not have surrendered the premises. Abandonment must be clear and unequivocal.
Where to Store the Belongings
You may store the tenant’s possessions in "any reasonably secure place". The sidewalk is probably not a "reasonably
secure place". If the tenant or the tenant’s representatives object to the storage "the property shall be deposited
upon the nearest public property and may not be moved and stored by the landlord".
The sheriff may tell you that it is OK to deposit the tenants belongings on the nearest sidewalk and that is what all the
landlords do. That is not, as noted above, the law. The sheriff deputy is there to keep the peace, not to give legal advice.
"Everyone does it" will not be a very good legal defense.
For How Long
The tenant’s property must be stored for either forty-five days or seven days, depending on the type of property.
1. Property valued in excess of $50.00 and personal papers, family pictures, and
keepsakes -
Forty-five days after mailing or personally delivering a notice of the sale to the
tenant the landlord may sell or dispose of all items.
2. Property valued at less than $50.00, except personal papers, family pictures,
and keepsakes -
Seven days after mailing or personally delivering a notice of the sale to the
tenant the landlord may sell or dispose of all such items.
What Notice You Must Give
You must make "reasonable efforts to provide the tenant with a notice" that
- contains the name and address of the landlord and
- the place where the property is stored and
- informs the tenant that a sale or disposition of the property shall take place
- and the date of the sale or disposal, and
- further informs the tenant of the right to have the property returned prior to its sale or disposal
Mailing a letter regular first class to the last known address is deemed by statute to be a reasonable effort. If you know
of an address "where the tenant might receive the notice" you must also mail the notice there.
You may not hold the tenant’s property for rent. Proceeds of the sale of property may be applied to the landlord’s
actual costs of drayage and storage.
Excess proceeds must be held for one year. If there was an eviction and a writ of restituion was served, unclaimed the
funds must be surrendered to the Department of Revenue. Otherwise, excess proceeds may be retained by the landlord.
RCW 59.18.310
RCW 59.18.312
