Tenants' Rights

Washington Courts Rule Landlord Must Safely Store Tenants' Property

The Washington Appellate Court in Spokane ruled on January 4, 2007, that a landlord who evicts a tenant must store the tenant’s personal property in a reasonably secure place rather than leave it exposed on the sidewalk to inclement weather and vandals. In a ground breaking decision, the Court addressed an ambiguity in the law regarding the landlord's duty to store tenant's property that has not been abandoned but is still valued by the tenant.

“I watched in horror as the past 81 years of my memories and belongings were tossed to the street.” said Irene Parker, an 81-year-old Spokane tenant who was evicted 17 days before Christmas. “I had no family, no one to help me… I took what belongings I could. When I returned later in the day, half of my belongings were missing.” To date, Ms. Parker has been unable to recover family photos, heirlooms, jewelry and household belongings that were put on the curb by her landlord.

This case has been doggedly pursued over the course of several years by Gonzaga Law School’s University Legal Assistance.

“This is an important law protecting basic human rights, and protecting the elderly and poor who, at times, have no means to protect themselves,” said Sarah Spring, who worked on the case as a legal intern and is now a practicing attorney in Bellevue. Other law students who worked on this case include Megan Lally, Matt Treu, Dana Beard, Judy Chang, Jon Palmer, Aaron Assali and Melanie Stum.

“It’s gratifying for our law clinic, with its dedicated attorneys and law students, to push the law forward and help people like Irene Parker.” Larry Weiser, attorney on the case and director of the law clinic. Now that the court has clarified the law, the matter will go to trial to prove the amount of loss suffered by Ms. Parker.

Washington law is clear that a landlord cannot take self-help measures to evict a tenant. However, the law allows landlords to get relief quickly through a special court proceeding called an unlawful detainer action. Washington has comprehensive laws addressing the duties of both landlords and tenants. This case has clarified the law on whether landlords must take some steps to protect the valuable personal property of tenants they've evicted.

It is not known how many tenants have had their property destroyed by being tossed outside during an eviction, but it is expected that this case will help a number of evicted tenants protect the limited but meaningful possessions they do have.

Further information about this case may be obtained by contacting Larry Weiser at Gonzaga Law School’s University Legal Assistance, (509) 323-5791, or Sarah Spring at (425) 453-5679.

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