Full question:
Our tenant has passed away suddenly (not in our rental). Some of his possessions remain in the house. What needs to happen before we can release the contents to someone? We have changed the locks for now.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Washington
Answer:
As a landlord, you must take specific steps before disposing of a deceased tenant's belongings. First, you need to make reasonable efforts to notify the tenant about the situation. This includes sending a notice containing your name and address, where the property is stored, and informing them of the sale or disposal date. You should also inform them of their right to reclaim their property before it is sold or disposed of, as outlined in RCW 59.18.230.
This notice must be sent by first-class mail to the tenant's last known address and any other address you may have where they could receive it. Additionally, you may notify the next of kin or anyone responsible for the deceased's affairs, such as the executor or administrator of the estate.
If the tenant has abandoned the premises and defaulted on rent, you may enter the property and take possession of their belongings. You must store these items securely and provide the same notice as mentioned earlier. After mailing or delivering the notice, you must wait forty-five days before selling or disposing of the property, which can include personal papers and keepsakes.
If the total value of the belongings is fifty dollars or less, you may dispose of them after seven days from the notice date, but you must still make reasonable efforts to notify the tenant. Any income from the sale can be applied to cover unpaid rent and storage costs. If the tenant requests their property in writing before the sale, you must return it after they pay any reasonable storage and moving costs.
Any excess income from the sale must be held for the tenant's benefit for one year. If no claim is made within that time, the landlord may keep the remaining balance (RCW 59.18.310).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.