landlord's right to dispose of personal property left at our house by former tenant
Yacolt (WA).
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Posted 2 months ago in Landlord / Tenant.
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Disposal of family member's property left at our house:
My 16 year old neice came to stay with us when her mother kicked her out. While she was here, we learned the hard way why her mother would want to do such a thing! Durring this time, her father filed to get custody of her (that part is still in progress). She went to live with him three weeks ago. When he picked her up we told him he would have two weeks to come get the rest of her belongings. It has now been three weeks and he says he has no idea when he will have the money or the time to come pick up the stuff. How long do we have to store this stuff before we can get rid of it? Is there anything we have to do before we dispose of it? We looked at Washington State Landlord/Tenant Law, but could not find anything that seemed to fit our situation. My brother has a long history of taking advantage of people and we do not want to be next on the list. I wish I could say that my neice was going to turn out different than her father, but the truth is she is already far worse. We just want to be done with this mess! Thank you for your time & advice!
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Answers (1)
Tracy Irene Nightingale
Posted about 1 month ago.
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You have a duty under the law to protect the tenant's property. The first thing you must do is mail a notice to the tenant telling them where the property is being stored and when you will sell it if it is not collected before the sale date. It is best if the notice is sent registered mail with return receipt requested so you have proof it was mailed and received. If the value of the property is less than $50 the notice of sale must be done at least seven days in advance. Family pictures, keepsakes and personal property cannot be sold until 45 days after the notice has been mailed. If the total value of the property is over $50 the sale cannot occur until 45 days after the notice has been mailed. If the tenant demands return of the property before it is sold or disposed of, the landlord must return it but may force the tenant to pay moving and storage costs.
If the property is sold, the money from the sale can be used to cover money owed to the landlord such as back rent and the cost of storing and selling the property. Any money left over must be kept for one year for the tenant. If it is not claimed within one year the landlord may keep the money. Perhaps the biggest question here is whether or not there was a landlord/tenant situation since the child was related to you and was a minor when she stayed at your house. You may want to contact the Washington Attorney General's Office at 1-800-692-5082. |
