How long must I store my tenant's belongings and can I sue her?

Full question:

I had a 2 yr lease with my tenant. She gave 30 notice she can't afford to stay. She moved out and left no forwarding info and disconnected her phones. She gave the key to her handyman. He moved into the property for the final 6 days of her paid month. He moved all kinds of stuff onto the property. I retook possession of the property on the 1st and moved all the stuff into storage. Which cost me. She sent me a registered letter claiming she will sue me in small claims over her stuff. I emailed her the location since it was the only contact. Now I will send her a registered letter with the storage address. Q: how long do I have to store this stuff? And can I sue her for the remaining lease? And the damage she left? And the storage cost? She owns a home in another city, I have the info.

Answer:

Abandonment occurs when a tenant leaves the premises without paying rent and without intent to return. The laws regarding abandoned personal property vary by state. In general, landlords can take possession of the property and are required to store the tenant's belongings if they meet certain conditions.

In Washington, under RCW 59.18.312, a landlord must store a tenant's property if the tenant requests it in writing within three days after the landlord takes possession. If the tenant does not request storage, the landlord may choose to store the property or place it on public property. If stored, the tenant must pay for the actual or reasonable costs of moving and storing the property.

For property valued over one hundred dollars, the landlord must notify the tenant of a pending sale, and after thirty days, they can sell the property. For items valued at one hundred dollars or less, the landlord can sell or dispose of it after seven days of notice. Any money from the sale can be applied to storage costs, and any excess must be held for the tenant for one year (RCW 59.18.312).

Regarding your ability to sue the tenant for the remaining lease and damages, you may have grounds to do so, especially if the tenant breached the lease. You can also potentially recover storage costs if the tenant retrieves their belongings.

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.

FAQs

The minimum notice a landlord can give a tenant typically depends on state law and the terms of the lease agreement. In many states, a 30-day notice is standard for month-to-month leases. However, some states may allow shorter notices for specific situations, such as non-payment of rent. Always check local laws for specific requirements regarding notice periods. *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.*