H-4069              _______________________________________________

                                                   HOUSE BILL NO. 1970

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives G. Nelson, P. King, C. Smith, Sanders and Isaacson

Read first time 1/24/86 and referred to Committee on Judiciary.

AN ACT Relating to landlord liens for failure to pay rent; and adding a new section to chapter 59.18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 59.18 RCW to read as follows:

          (1) As an alternative to the provisions of RCW 59.18.310 for default by a tenant in payment of rent, all landlords shall have a lien upon the baggage, property, or other valuables of their tenants brought into the rental premises for the payment of the entire amount of rent owing,  and shall have the right to retain in their possession such baggage, property or other valuables until such rent is fully paid, and to sell such baggage, property or other valuables for the payment of such charges in the manner provided in subsection (2) of this section.

          (2) Whenever any baggage, property or other valuables which have been retained by any landlord by virtue of the provision of subsection (1) of this section, shall remain unredeemed for the period of three months after the same shall have been so retained, then it shall be lawful for such landlord to sell such baggage, property or other valuables at public auction, after giving the owner thereof ten days' notice of the time and place of such sale, through the post office, or by advertising in some newspaper published in the county where such sale is made, or by posting notices in three conspicuous places in such county, and out of the proceeds of such sale to pay all legal charges due from the owner of such baggage, property or valuables, including proper charges for storage of the same, and the overplus, if any, shall be paid to the owner upon demand.  Any excess income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant for a period of one year from the date of sale, and if no claim is made or action commenced by the tenant for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income.