H-850                _______________________________________________

                                                   HOUSE BILL NO. 1633

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Todd, Chandler, Anderson, Patrick and Crane

Read first time 2/1/89 and referred to Committee on Housing.

AN ACT Relating to landlords' liens for rent; and amending RCW 60.72.010.

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

        Sec. 1.  Section 1, chapter 165, Laws of 1917 as amended by section 1, chapter 108, Laws of 1927 and RCW 60.72.010 are each amended to read as follows:

          Any person to whom rent may be due, his or her executors, administrators, or assigns, shall have a lien for such rent upon personal property which has been used or kept on the rented premises by the tenant, except property of third persons delivered to or left with the tenant for storage, repair, manufacture, or sale, or under conditional bills of sale duly filed, and such property as is exempt from execution by law.  Such liens for rent shall be paramount to, and have preference over, all other liens except liens for taxes, general and special liens of labor, and liens of mortgages duly recorded prior to the tenancy.  Such liens shall not be for more than ((two)) four months' rent due or to become due, nor for any rent or any installment thereof which has been due for more than ((two)) four months at the time of the commencement of an action to foreclose such liens; no writing or recording shall be necessary to create such lien; and if such property be removed from the rented premises and not returned to the owner, agent, executor, administrator, or assign, said lien shall continue and be a superior lien on the property so removed for ten days from the date of its removal, and said lien may be enforced against the property wherever found.  In the event the property contained in the rented premises be destroyed by fire or other elements, the lien shall extend to any money that may be received by the tenant as indemnity for the destruction of said property, nor shall the lien be lost by the sale of the said property, except merchandise sold in the usual course of trade or to purchasers without notice of the tenancy.  The provisions of this chapter shall not apply to, nor shall it be enforced against, the property of tenants in dwelling houses or apartments or any other place that is used exclusively as a home or residence of the tenant and his family.