Is the landlord liable for the tenant's boyfriend's property left behind?

Full question:

I manage a property for an owner. The tenant's lease expired on a Friday. The tenant left the property with a trash heap in the driveway. Included in the heap was a ripped-up bimini top for a powerboat. The owner went to the property on Sunday, saw the trash in the driveway and took everything to the dump. On Monday, the tenant said she went back for the bimini top, couldn't find it and now wants us to replace it. It was her boyfriend's, who wasn't a party to the lease. Are we liable?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Washington

Answer:

Generally, abandoned property refers to items left behind with no intent to reclaim them. Whether the property was abandoned is subjective and depends on various factors, such as:

• How long the property was left
• If the tenant indicated they would return for it
• If the tenant was warned that the property would be considered abandoned
• The value and condition of the property

Under Washington law, a landlord must only store a tenant's property if the tenant requests it in writing. In this case, the tenant's boyfriend's bimini top may be considered abandoned since it was left in a trash heap, and the tenant did not communicate an intent to return for it. The landlord may not be liable for the loss of the bimini top.

If the landlord is found to have had possession of the property, it could be considered a gratuitous bailment, where a lower standard of care applies. In such cases, the bailee (the landlord) must only exercise slight care and is liable only for gross negligence.

According to Washington law (RCW 59.18.312), a landlord must store a tenant's property only if requested in writing. If the tenant does not make such a request, the landlord may dispose of the property. The law specifies that if the property is valued at over one hundred dollars, the landlord must notify the tenant before selling or disposing of it.