Coast Property Management 8/3/2020

Page 14 of 15 Information for Tenants cover money owed to the landlord, such as back rent the landlord may sell or dispose of the property except and the cost of storing and selling the goods. If there for personal papers,family pictures,and keepsakes. is any money left over,the landlord must keep it for the tenant for one(1)year. If it is not claimed within The proceeds from the sale of the property may be that time, it belongs to the landlord. applied towards any money owed to the landlord for the actual and reasonable costs of moving and stor- If a landlord takes a tenant's property and a court later ing of the property,whichever is less. The costs can- determines there had not actually been an abandon- not exceed the actual or reasonable costs of moving ment,the landlord could be ordered to compensate and storage,whichever is less. If there are additional the tenant for loss of the property, as well as paying proceeds,the landlord must keep it for the tenant for court and attorney costs. one(1)year. If no claim is made by the tenant for the recovery of the additional proceeds within one(1) ( This procedure does not apply to the disposition of year,the balance will be treated as abandoned prop- property of a deceased tenant. See"Abandonment erty and deposited with the Washington State Depart- Related to the Death of a Tenant" below. ment of Revenue. ( See RCW 59.18.312. ABANDONMENT RELATED TO EVICTION [RCW 59.18.312] When a tenant has been served with a writ of restitution in ABANDONMENT RELATED TO THE DEATH OF an eviction action,the tenant will receive written notifica- A TENANT (RCW 59.18.595) tion of the landlord's responsibilities regarding storing the When a landlord learns of the death of a tenant who is tenant's property that is left behind after the premises is the sole occupant of a dwelling unit,the landlord must vacant.Tenants will be provided with a form to request promptly mail or personally deliver a written notice to the landlord store the tenant's property. any known personal representative, designated per- son, emergency contact person, or known successor A landlord is required to store the tenant's property if to the tenant. The notice must include the name of the the tenant makes a written request for storage within deceased tenant and address of the dwelling unit, the three(3)days of service of the writ of restitution or if approximate date of the tenant's death,the amount of the landlord knows that the tenant is a person with a the monthly rent and the date to which it is paid. The disability that prevents the tenant from making a writ- notice must include a statement that the tenancy will ten request and the tenant has not objected to stor- terminate 15 days from the date the notice is mailed age. The written request for storage may be served or personally delivered,or the date through which the by personal delivery, or by mailing or faxing to the rent has been paid,whichever is later, unless during landlord at the address or fax number identified on the this 15 day period a tenant representative makes ar- request form provided by the landlord. rangements with the landlord to pay rent in advance After the Writ of Restitution has been executed,the for no more than 60 days from the date of the ten landlord may enter the premises and take possession ant's death in order to arrange for the removal of the of any of the tenant's remaining belongings.Without deceased tenant's property, and that the tenancy will a written request from the tenant,the landlord may be over at the end of the period for which the rent has choose to store the tenant's property or deposit the been paid. The notice must also include a statement tenant's property on the nearest public property. If that failure to remove the tenant's property before the the landlord chooses to store the tenant's property, tenancy is terminated or ends will permit the landlord whether requested or not, it may not be returned to to enter the dwelling unit and take possession of any the tenant until the tenant pays the actual or reason- property found on the premises, store it in a reason- able costs of moving and storage,whichever is less ably secure place, and charge the actual or reason within thirty(30) days. able costs,whichever is less, for moving and storage of the property, and that after appropriate notice, sell If the total value of the property is more than$250,the or dispose of the property as provided for in law. A landlord must notify the tenant of the pending sale by copy of any designation of a person to act on the de- personal delivery or mail to the tenant's last known ceased tenant's behalf must be attached to the notice. address. After thirty(30)days from the date of the The landlord must turn over possession of the ten notice,the landlord may sell the property, including ant's property to a tenant representative upon receipt personal papers, family pictures, and keepsakes and of a written request if this request is made prior to the dispose of any property not sold. termination or end of the tenancy, or any other date If the total value of the property is$250 or less,the agreed to by the parties. The tenant representative landlord must notify the tenant of the pending sale by must provide to the landlord an inventory of all the re- personal delivery or mail to the tenant's last known ad- moved property and a signed acknowledgement that dress.After seven(7)days from the date of the notice, the tenant representative has been given possession