Harborview Tower 2/24/2025 - Laserfiche WebLink

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