BILL REQ. #: H-0448.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/15/09. Referred to Committee on Judiciary.
AN ACT Relating to an authorization directing the disposition of personal property; and amending RCW 59.18.310.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 59.18.310 and 1991 c 220 s 1 are each amended to read
as follows:
(1) If the tenant defaults in the payment of rent and reasonably
indicates by words or actions the intention not to resume tenancy, the
tenant shall be liable for the following for such abandonment:
PROVIDED, That upon learning of such abandonment of the premises the
landlord shall make a reasonable effort to mitigate the damages
resulting from such abandonment:
(((1))) (a) When the tenancy is month-to-month, the tenant shall be
liable for the rent for the thirty days following either the date the
landlord learns of the abandonment, or the date the next regular rental
payment would have become due, whichever first occurs.
(((2))) (b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:
(((a))) (i) The entire rent due for the remainder of the term; or
(((b))) (ii) All rent accrued during the period reasonably
necessary to rerent the premises at a fair rental, plus the difference
between such fair rental and the rent agreed to in the prior agreement,
plus actual costs incurred by the landlord in rerenting the premises
together with statutory court costs and reasonable attorney's fees.
In the event of such abandonment of tenancy and an accompanying
default in the payment of rent by the tenant, the landlord may
immediately enter and take possession of any property of the tenant
found on the premises and may store the same in any reasonably secure
place. A landlord shall make reasonable efforts to provide the tenant
with a notice containing the name and address of the landlord and the
place where the property is stored and informing the tenant that a sale
or disposition of the property shall take place pursuant to this
section, and the date of the sale or disposal, and further informing
the tenant of the right under RCW 59.18.230 to have the property
returned prior to its sale or disposal. The landlord's efforts at
notice under this subsection shall be satisfied by the mailing by first
class mail, postage prepaid, of such notice to the tenant's last known
address and to any other address provided in writing by the tenant or
actually known to the landlord where the tenant might receive the
notice. The landlord shall return the property to the tenant after the
tenant has paid the actual or reasonable drayage and storage costs
whichever is less if the tenant makes a written request for the return
of the property before the landlord has sold or disposed of the
property. After forty-five days from the date the notice of such sale
or disposal is mailed or personally delivered to the tenant, the
landlord may sell or dispose of such property, including personal
papers, family pictures, and keepsakes. The landlord may apply any
income derived therefrom against moneys due the landlord, including
actual or reasonable costs whichever is less of drayage and storage of
the property. If the property has a cumulative value of fifty dollars
or less, the landlord may sell or dispose of the property in the manner
provided in this section, except for personal papers, family pictures,
and keepsakes, after seven days from the date the notice of sale or
disposal is mailed or personally delivered to the tenant: PROVIDED,
That the landlord shall make reasonable efforts, as defined in this
section, to notify the tenant. 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.
(2) When there is a periodic tenancy, the tenant shall be permitted
to make a directive to a third person to remove all personal property
of the tenant in the event of the tenant's death or demise. The
directive shall be in the following format:
1. In the event of Tenant's death, Tenant hereby authorizes Landlord to allow access to Tenant's unit for the purposes of removing all personal property and household goods therefrom to the following named individual:. . . . . . . . .
2. The named individual may or may not be consistent with the personal representative named in Tenant's last will and testament. If Landlord is presented with a certified copy of letters testamentary, letters of administration, or an affidavit of successor by an individual other than the named individual prior to the named individual removing all personal property and household goods from Tenant's unit, Landlord shall allow access to Tenant's unit to that individual rather than to the named individual and shall be absolved of any liability for access by such individual or the named individual.
3. Tenant hereby assumes the risk that the named individual will not carry out the wishes of Tenant or the terms of any last will and testament currently in existence or which might be in existence at the time of Tenant's death or otherwise as provided by the laws of the state of Washington.
4. In consideration of Landlord revising its current policy, accepting Tenant's express directive, provided in this authorization, tenant, and all successors, heirs, and assigns thereof, hereby release and forever discharge Landlord from any claims, demands, actions, damages, costs, expenses, and causes of action of any character which may arise from this authorization or the actions or omissions of the named individual. This release and discharge shall be fully binding upon Tenant, the named individual, their heirs, assigns, successors, and their estates.
5. Tenant and the named individual hereby agree to indemnify, defend, and hold harmless Landlord and its agents from any claims or actions made as a result of Landlord carrying out the terms of this authorization.
6. Tenant acknowledges his or her right to seek independent counsel relative to the matters contained herein and further acknowledges this directive is made solely at Tenant's request without any suggestion from Landlord, undue influence, threat of harm, or duress.
7. This authorization is not designed to be a substitute for Tenant's last will and testament, does not transfer ownership of any of Tenant's property, but merely provides that the named individual will be the custodian of Tenant's property hereunder at the risk of Tenant, his or her estate and successors, heirs, and assigns.
8. This authorization may be executed in several counterparts and all so executed shall constitute one authorization, binding on all the parties hereto, even though all the parties are not signatories to the original or the same counterpart.
9. Facsimile transmission of any signed original document, and the retransmission of any signed facsimile transmission, shall be the same as delivery of the original signed document.
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| Tenant Signature | Witness Signature |
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| Printed Name | Printed Name |
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| Address | Address |
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| City, State | City, State |
| By: | . . . . . . . . . . . . | . . . . . . . . . . . . |
| Named Individual Signature | ||
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| Printed Name | Printed Name | |
| Date: | . . . . . . . . . . . . | . . . . . . . . . . . . |
| Address | ||
| . . . . . . . . . . . . | ||
| City, State, Zip | ||
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| Date of Birth | ||