Court evicted tenant left things in rental house

I went to Texas to find a new job, I still have a house in Washington State.
My real estate agent to us to have it rented. Told him to properly screen out tenants. He was able to get us a tenant but real estate agent and tenant failed to get a security deposit, failed to get a full months rent for 1st month and failed to do a move in inspection. 4 months later the tenant still have not paid rent nor given security deposit, real estate agent dn't know what to do and said "don't worry". My real estet agts scared of the tenant, and told us tenant refuse to pay. I scampered looking on the internet for a lawyer, finally got one, sent the tenant to court, tenant got evicted, judge told tenant she needs to be out of the house by Apr 28, Apr 28 comes, tenant is still in the house. Lawyer got a writh scheduled with the sheriff, sheriff served the writh and tenant was told to vacate the house but tenant left some of her things, sofa, TV garbage etc.

What can I do to get rid of the stuff the tenant left behind.
I will get a locksmith to change locks. Also, we willcall the power company to turn off electricity and water. Need help , Thanks.

I am working on a ship and currently at sea.

Have your attorney contact the court or the sheriff's department for a set out. The tenant's belongings will be set out on the street, and you may change the locks at that time. If the tenant does not retrieve her belongings, a trash crew will pick them up. (Check your state's procedures on set outs - in some states the sheriff or bailiff does them, in others they only supervise while your hired people carry them out.)

The eviction writ were served by the Washington State Kitsap County Sheriff on April 30, 2008. The final & actual physical eviction by the Sherrif was May 08, 2008, the sheriff advised my real estate agt to put new locks on our house but they still have the TV, sofa and some garbage etc in the house, the sheriff did not take anything out of the house. Not sure now what to do with the things, but I got a locksmith coming to change the locks as instructed by the sheriff's office.

[OHlandlord]

Call about the set out procedures. If you follow through with these, you will not have to allow the tenant access to the house again. The writ of possession is not the same as a set out. The set out follows the writ of possession. In the possession writ, the court only sees to it that the tenant is removed. In a set out, the also remove all their possessions. If your states doesn't do a set out (no hearing required for this - just an appointment to do it), then you willl have to follow your state laws for abandoned property. Most states require that you store the property for 30 days prior to disposing of it. Your state law on abandoned property is WA Revised Code Ann. 59.18.310. Please read this statute and see what it says if WA doesn't do an actual set out.

Thank you very much for the info, I will google that code, I am currently working on a ship at sea and my wife is in Texas but I will do ti as soon as I get off the ship, I already paid to much for the lawyer to have the tenant evicted, I think I can do this on my own.

Can I go after the negligent and incompetent real estate agent?
When he screend the tenant it was obvious the tenant has a long history of being sent to court for not payment of debts and 2 bankcrutcies spanning from 1998 to 2003 plus he did not collect a security deposit not a full 1st month rent and the rest of 3 months rent plus failed to do a pre inspection with a tenant.

[OHlandlord]

RCW 59.18.310
Default in rent — Abandonment — Liability of tenant — Landlord's remedies — Sale of tenant's property by landlord.

If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment:

(1) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs.

(2) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:

(a) The entire rent due for the remainder of the term; or

(b) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorney's fees.

In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal. The landlord's efforts at notice under this subsection shall be satisfied by the mailing by first-class mail, postage prepaid, of such notice to the tenant's last known address and to any other address provided in writing by the tenant or actually known to the landlord where the tenant might receive the notice. The landlord shall return the property to the tenant after the tenant has paid the actual or reasonable drayage and storage costs whichever is less if the tenant makes a written request for the return of the property before the landlord has sold or disposed of the property. After forty-five days from the date the notice of such sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of such property, including personal papers, family pictures, and keepsakes. The landlord may apply any income derived therefrom against moneys due the landlord, including actual or reasonable costs whichever is less of drayage and storage of the property. If the property has a cumulative value of fifty dollars or less, the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to the tenant: PROVIDED, That the landlord shall make reasonable efforts, as defined in this section, to notify the tenant. Any excess income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant for a period of one year from the date of sale, and if no claim is made or action commenced by the tenant for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income.


[1991 c 220 § 1; 1989 c 342 § 10; 1983 c 264 § 8; 1973 1st ex.s. c 207 § 31.]


I posted the appropriate statute for you above. Looks like you can store the belongings in a secure place for 45 days after you notify them that you have them and you intend to dispose of them. After that you can sell them and apply any $$$ toward any money they owe you. Hope this helps you.

Got it, Thank you very much!

Now I'm preparing a lawsuit and also filing a complaint to the Licensing office against my realtor as well as a complaint to his broker.