Coast Property Management 8/3/2020

Information forTenants Page 13 of 15 The landlord is in compliance if the required payment, DESIGNATION OF AN INDIVIDUAL TO ACT ON statement, or both,are deposited in the U.S. Mail with BEHALF OF A TENANT UPON THE DEATH OF First Class postage paid,within 21 days, If the tenant THE TENANT (RCW 59.18.590) takes the landlord to court, and it is ruled that the land- A tenant who is the sole occupant of a dwelling unit lord intentionally did not give the statement or return the can designate a person to act on the tenant's behalf money,the court can award the tenant up to twice the upon the death of the tenant independently or at the amount of the deposit. request of a landlord. The designation must be in writing separate from any rental agreement. It must EVICTIONS include the designated person's name, mailing ad- dress, an address used for the receipt of electronic For not paying rent. If the tenant is even one day behind in rent,the landlord can issue a three-day communications, a telephone number, and a signed statement authorizing the landlord in the event of the notice to pay or move out. If the tenant pays all the rent tenant's death(when the tenant is the sole occupant due within three days, the landlord must accept it and of the dwelling unit)to allow the designated person to cannot evict the tenant. A landlord is not required to access the tenant's dwelling unit, remove the tenant's accept a partial payment. property, receive refunds of amounts due to the ten- For not complying with the terms of the rental ant, and to dispose of the tenant's property consistent agreement. If the tenant is not complying with the with the tenant's last will and testament and any ap- rental agreement(for example,keeping a cat when the plicable intestate succession law, and a conspicuous agreement specifies no pets are allowed),the landlord statement that the designation remain in effect until it can give a 10-day notice to comply or move out. If the is revoked in writing by the tenant or replaced with a tenant satisfactorily remedies the situation within that new designation. The designated person's right to time,the landlord cannot continue the eviction process. act on the behalf of the deceased tenant terminates upon the appointment of a personal representative for For creating a"waste or nuisance." If a tenant the deceased tenant's estate or the identification of a destroys the landlord's property, uses the premises for person reasonably claiming to be a successor of the unlawful activity including gang-or drug-related activi- deceased tenant pursuant to law. ties, damages the value of the property or interferes with other tenant's use of the property,the landlord ABANDONMENT RELATED TO FAILURE TO can issue a three-day notice to move out. The tenant PAY RENT[RCW 59.18.310] must move out after this kind of notice. There is no option to stay and correct the problem. Abandonment occurs when a tenant has both fallen behind in rent and has clearly indicated by words or For violations within drug and alcohol free housing. actions an intention not to continue living in the rental. If a tenant enrolled in a program of recovery in drug and alcohol free housing for less than two years uses, When a rental has been abandoned,the landlord may possesses,or shares alcohol or drugs the landlord can enter the unit and remove any abandoned property. give a three-day notice to move out. If the tenant cures It must be stored in a reasonably secure place. A the violation within one day,the rental agreement does notice must be mailed to the tenant saying where the not terminate. If the tenant fails to remedy the violation property is being stored and when it will be sold. If within one day, he or she must move out and the rental the landlord does not have a new address for the ten- agreement is terminated. If the tenant engages in ant, the notice should be mailed to the rental address, substantially the same behavior within six months,the so it can be forwarded by the U.S. Postal Service. landlord can give a three-day notice to move out and How long a landlord must wait before selling aban the tenant has no right to cure the subsequent violation, doned property depends on the value of the goods. If Notice.In order for a landlord to take legal action the total value of property is less than$250,the land- against a tenant who does not move out, notice must lord must mail a notice of the sale to the tenant and be given in accordance with RCW 59.12.040. then wait seven(7)days. Family pictures, keepsakes and personal papers cannot be sold until forty-five If the tenant continues to occupy the rental in violation (45)days after the landlord mails the notice of aban- of a notice to leave,the landlord must then go to court donment to the tenant. to begin what is called an "unlawful detainer" action. If the court rules in favor of the landlord, the sheriff will If the total value of the property is more than$250,the be instructed to move the tenant out of the rental if the landlord must mail a notice of the sale to the tenant tenant does not leave voluntarily. The only legal way and then wait forty-five(45)days. Personal papers, for a landlord to move a tenant physically out of a unit family pictures, and keepsakes can be sold at the is by going through the courts and the sheriff's office. same time as other property. The money raised by the sale of the property goes to