BILL REQ. #:  S-0061.1 

Read first time 01/25/13.   Referred to Committee on Financial Institutions, Housing & Insurance.

     AN ACT Relating to disposing property in the leased premises of a deceased tenant; 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) Upon written request of a landlord, a tenant must:
     (a) Provide the landlord with the name, address, and telephone number of a designated person to contact in the event of the tenant's death; and
     (b) Sign a statement authorizing the landlord in the event of the tenant's death to: (i) Grant the designated person access to the tenant's leased premises at a reasonable time and in the presence of the landlord or the landlord's agent; (ii) allow the designated person to remove any of the tenant's property found at the leased premises; (iii) refund the tenant's security deposit, less lawful deductions, to the designated person for the benefit of the tenant's estate; and (iv) dispose of the tenant's property consistent with the tenant's intent and any applicable law or will. The designated person is liable to the tenant's estate for the property received. The designated person is appointed for a period of two years, subject to reappointment.
     (2) A tenant may, without request from the landlord, provide the landlord with the information specified in subsection (1) of this section.
     (3) Except as provided in subsection (4) of this section, in the event of the death of a tenant who is the sole occupant of a leased premises:
     (a) The landlord may remove and store all property found in the tenant's leased premises;
     (b) The landlord must turn over possession of the property to the designated person or to any other person lawfully entitled to the property if the request is made before the property is discarded pursuant to (e) of this subsection;
     (c) The landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the designated person or to any other person lawfully entitled to the refund;
     (d) Any person who removes property from the tenant's leasehold premises shall, at the time of removal, create and sign an inventory of the removed property and submit the signed inventory to the landlord; and
     (e) The landlord may discard the property he or she removes from the tenant's leased premises if: (i) The landlord clearly informed the tenant and designated person in writing of the consequences of failing to take action after notice; (ii) the landlord mailed a written request by certified mail, return receipt requested, to the designated person that the property be removed; (iii) the designated person failed to remove the property by the thirtieth day after the postmark date of the notice; and (iv) the landlord, prior to the date of discarding the property, was not contacted by anyone claiming the property.
     (4) In a written lease or other agreement, a landlord and tenant may agree to a procedure different than the procedure in subsections (1) and (3) of this section for removing, storing, or disposing of property in the leased premises of a deceased tenant.
     (5) If a tenant, after being furnished with a notice of request, knowingly violates subsection (1) of this section by failing to provide the required information and statement, or no representative of the deceased tenant's estate provides notice to the landlord of intent to administer the deceased tenant's estate within sixty days of the tenant's death, the landlord is not responsible for removal, storage, disappearance, damage, or disposition of property in the deceased tenant's leased premises.
     (6) If a landlord, after being furnished with a copy of this section, knowingly violates subsection (3) of this section or fails to facilitate proper administration of the deceased tenant's estate after proper notice under Title 11 RCW, the landlord is liable to the deceased tenant's estate for actual damages.
     (7) A landlord who complies with this section is relieved from any liability relating to the deceased tenant's property.