New Legislation Regarding Storage of Tenant’s Property

HB 1865-Limiting the Obligations of Landlords Under Writs of Restitution

Effective June 12, 2008. Under this new legislation when the Writ of Restitution is served the tenant may request their personal property be stored at the time of the physical eviction by completing the Request for Storage of Personal Property form. The tenant is required to complete and return this form within 3 business days to the landlord or the landlord’s representative. HOWEVER, if the landlord knows that the tenant is a person with a disability and the disability impairs or prevents the tenant or the tenant’s representative from making a written request for storage, it must be presumed that the tenant has requested the storage of the property unless the tenant objects in writing.

Use the following as a guideline for how long to store the tenant’s property and for giving proper notice of where their property is being stored.

$100 or Less

• If the property being stored has a cumulative value of $100 or less, the landlord is required to store the property for 7 days and notify the tenant of any pending sale or disposal. After 7 days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property. EXCEPT personal papers, family pictures and keepsakes which must be stored for 30 days.

$100.01 or More

• If the property being stored has a cumulative value of $100.01 or more, the landlord is required to store the property for 30 days and notify the tenant of any pending sale or disposal. After 30 days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property including personal papers, family pictures and keepsakes.

If you choose to sell the tenant’s property you are required to comply with additional requirements under RCW 59.18.312(3). For more information on these requirements or for a copy of the required Notice of Storage contact us.

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Washington State Resources

Access WA

The official state government web site- contains the Revised Code of Washington (RCW) which is the compilation of all permanent laws now in force.  Also find all legislative procedural rules from the House and Senate.
http://access.wa.gov

Washington State Legislature Page
Track legislative bills and the Revised Code of Washington (RCW)
http://apps.leg.wa.gov

US Department of Housing and Urban Development
Housing Programs
www.hud.gov

Fair Housing
Human Rights Commission
http://www.hum.wa.gov/FairHousing/index.htm

Seattle Landlord Information

Seattle Landlord-Tenant Law Packet (required to give tenants in the City of Seattle)
http://www.landlordsolutionsinc.com/brochures/infofortenants.pdf

City of Seattle
www.cityofseattle.net

King County
www.metrokc.gov

Mold and Lead Information

Washington State Department of Health
www.doh.wa.gov

EPA
www.epa.gov

Associations and Affiliations

National Association of Residential Property Managers (NARPM)
www.narpm.org

Rental Housing Association of Puget Sound
www.rha-ps.com