BILL REQ. #:  H-4596.1 

Read first time 01/25/10.   Referred to Committee on Judiciary.

     AN ACT Relating to the disposition of a deceased tenant's personal property; 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)(a) If at the time of a tenant's death there is no other person listed on the lease, the landlord, after waiting at least seven days and making reasonable efforts to contact a family member of the deceased tenant, may enter and take possession of any personal property of the tenant found on the leasehold premises and may store the property in a reasonably secure place.
     (b) If a tenant dies on the leasehold premises, the landlord, after the leasehold premises has been released by the coroner's office, may immediately enter the leasehold premises to clean up any biohazardous material from the death. The landlord may remove and dispose of perishable goods, garbage, and debris.
     (2) A landlord shall make reasonable efforts to provide a known family member of the deceased tenant with a notice containing the name and address of the landlord and informing the family member that a sale or disposition of the deceased tenant's property shall take place on or after a date that is not less than forty-five days after the notice is sent by first-class mail to the tenant's last known address and to any other address known to the landlord for the tenant and the family member.
     (3) If the landlord chooses to take possession of the unit before the end of the month, the landlord shall deposit the prorated rent in a trust account. This amount may be applied against the drayage and storage charges and any other charges due to the landlord by the deceased tenant.
     (4) If at the time of a tenant's death there is no other person listed on the lease, a person, other than the landlord or government official, may not enter the deceased tenant's unit and remove the tenant's personal property and household goods, other than burial clothes, any pet or animal, the deceased tenant's will, or any perishable items, without a certified copy of any testamentary letters or affidavit of successor as described in RCW 11.62.010 or otherwise meeting the requirements of RCW 11.62.010.
     (5) If at the time of a tenant's death there is no other person listed on the lease and at any time after forty days from the date of the tenant's death, the landlord shall, upon payment of all reasonable costs for drayage and storage, deliver the deceased tenant's personal property to a person claiming to be a successor of the decedent upon the receipt of proof of death and an affidavit made by the person claiming to be the successor of the decedent that meets the requirements of RCW 11.62.010.
     (6) If after forty days, but before the date set for sale or disposition set forth in the notice described in subsection (2) of this section, a successor does not claim the deceased tenant's personal property pursuant to chapter 11.62 RCW but a surviving relation of the deceased tenant exists and claims possession of the tenant's personal property, the surviving relation has a right to receive possession of the deceased tenant's personal property upon providing to the landlord a dated, signed, and notarized affidavit of next of kin that includes: The date that the decedent passed away; the nature of the surviving relation's relationship to the decedent; a statement that he or she is the closest surviving relative; a request for the possession and location of the decedent's personal property; and a statement agreeing to indemnify and hold harmless the rental unit's owner, its agents, employees, or principal from any third party who claims the right to the decedent's personal property. The surviving relation must also reimburse the landlord for the reasonable costs of drayage and storage and for all other outstanding tenant financial obligations prior to receiving the deceased tenant's personal property.