| State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/23/07.
AN ACT Relating to limiting the obligations of landlords under writs of restitution; amending RCW 59.18.312; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 59.18.312 and 1992 c 38 s 8 are each amended to read
as follows:
(1) A landlord ((may)) shall, upon the execution of a writ of
restitution by the sheriff, enter and take possession of any property
of the tenant found on the premises ((and store the property in any
reasonably secure place)). The landlord may store the property in any
reasonably secure place, including the premises, and sell or dispose of
the property as provided under subsection (3) of this section. The
landlord must store the property if the tenant serves a written request
to do so on the landlord or the landlord's representative by any of the
methods described in RCW 59.18.365 no later than three days after
service of the writ. A landlord may elect to store the property
without such a request unless the tenant or the tenant's representative
objects to the storage of the property. If((, however,)) the tenant or
the tenant's representative objects to the storage of the property or
the landlord elects not to store the property because the tenant has
not served a written request on the landlord to do so, the property
shall be deposited upon the nearest public property and may not be
((moved and)) stored by the landlord. ((If the tenant is not present
at the time the writ of restitution is executed, it shall be presumed
that the tenant does not object to the storage of the property as
provided in this section. RCW 59.18.310 shall apply to the moving and
storage of a tenant's property when the premises are abandoned by the
tenant.)) If the landlord knows that the tenant is a person with a
disability as defined in RCW 49.60.040 (as amended by chapter 317, Laws
of 2007) 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 as provided in this section unless the tenant objects in
writing.
(2) Property ((moved and)) stored under this section shall be
returned to the tenant after the tenant has paid the actual or
reasonable drayage and storage costs, whichever is less, or until it is
sold or disposed of by the landlord in accordance with subsection (3)
of this section.
(3) Prior to the sale ((or disposal)) of property stored pursuant
to this section with a cumulative value of over ((fifty)) one hundred
dollars, the landlord shall notify the tenant of the pending sale ((or
disposal)). After ((forty-five)) thirty days from the date the notice
of the sale ((or disposal)) is mailed or personally delivered to the
tenant's last known address, the landlord may sell ((or dispose of))
the property, including personal papers, family pictures, and
keepsakes, and dispose of any property not sold.
If the property that is being stored has a cumulative value of
((fifty)) one hundred dollars or less, then the landlord may sell or
dispose of the property in the manner provided in this section, except
for personal papers, family pictures, and keepsakes. Prior to the sale
or disposal of property stored pursuant to this section with a
cumulative value of ((fifty)) one hundred dollars or less, the landlord
shall notify the tenant of the pending sale or disposal. The notice
shall either be mailed to the tenant's last known address or personally
delivered to the tenant. After seven days from the date the notice is
mailed or delivered to the tenant, the landlord may sell or dispose of
the property.
The landlord may apply any income derived from the sale of the
tenant's property against moneys due the landlord for drayage and
storage of the property. The amount of sale proceeds that the landlord
may apply towards such costs may not exceed the actual or reasonable
costs for drayage and storage of the property, whichever is less. Any
excess income derived from the sale of such property shall be held by
the landlord for the benefit of the tenant for a period of one year
from the date of the sale. If no claim is made or action commenced by
the tenant for the recovery of the excess income prior to the
expiration of that period of time, then the balance shall be treated as
abandoned property and deposited by the landlord with the department of
revenue pursuant to chapter 63.29 RCW.
(4) Nothing in this section shall be construed as creating a right
of distress for rent.
(5) When serving a tenant with a writ of restitution pursuant to
RCW 59.12.100 and 59.18.410, the sheriff shall provide written notice
to the tenant that: (a) Upon execution of the writ, the landlord
((may)) must store the tenant's property only if the tenant serves a
written request on the landlord to do so no later than three days after
service of the writ; (b) the notice to the landlord requesting storage
may be served by personally delivering or mailing a copy of the request
to the landlord at the address identified in, or by facsimile to the
facsimile number listed on, the form described under subsection (6) of
this section; (c) if the tenant has not made such a written request to
the landlord, the landlord may elect to either store the tenant's
property or place the tenant's property on the nearest public property
unless the tenant objects; (((b))) (d) if the property is stored, it
may not be returned to the tenant unless the tenant pays the actual or
reasonable costs of drayage and storage, whichever is less, within
thirty days; (((c))) (e) if the tenant or the tenant's representative
objects to storage of the property, it will not be stored but will be
placed on the nearest public property; and (((d) if the tenant is not
present at the time of the execution of the writ, it shall be presumed
the tenant does not object to storage of the property)) (f) the
landlord may sell or otherwise dispose of the property as provided in
subsection (3) of this section if the landlord provides written notice
to the tenant first.
(6) When serving a tenant with a writ of restitution under
subsection (5) of this section, the sheriff shall also serve the tenant
with a form provided by the landlord that can be used to request the
landlord to store the tenant's property, which must be substantially in
the following form:
. . . . . . . .
Name of Plaintiff
. . . . . . . .
Name(s) of Tenant(s)
I/we hereby request the landlord to store our personal property.
I/we understand that I/we am/are responsible for the actual or
reasonable costs of moving and storing the property, whichever is less.
If I/we fail to pay these costs, the landlord may sell or dispose of
the property pursuant to and within the time frame permitted under RCW
59.18.312(3).
Any notice of sale required under RCW 59.18.312(3) must be sent to
the tenants at the following address:
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
IF NO ADDRESS IS PROVIDED, NOTICE OF SALE WILL BE SENT TO THE LAST
KNOWN ADDRESS OF THE TENANT(S)
Dated:. . . . . . . .
. . . . . . . . . . .
Tenant-Print Name
. . . . . . . . . . .
Tenant-Print Name
This notice may be delivered or mailed to the landlord or the
landlord's representative at the following address:
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
This notice may also be served by facsimile to the landlord or the
landlord's representative at:
. . . . . . . . . . .
Facsimile Number
IF YOU WANT YOUR LANDLORD TO STORE YOUR PROPERTY, THIS WRITTEN REQUEST
MUST BE RECEIVED BY THE LANDLORD NO LATER THAN THREE (3) DAYS AFTER THE
SHERIFF SERVES THE WRIT OF RESTITUTION. YOU SHOULD RETAIN PROOF OF
SERVICE.
NEW SECTION. Sec. 2 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.