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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102142
Experience:  Attorney
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I Evicted my 27 yr old granddaughter who pays no rent from

Customer Question

I Evicted my 27 yr old granddaughter who pays no rent from my home last night. Her personal belongings are packed and stored in our clean dry garage. Can she sue me or come back into the house since I did not file any paperwork, I have told her that her belongings are available to her whenever she wants them. Thank you. Susan
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Washington
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No rent - she pays nothing
JA: Anything else you want the lawyer to know before I connect you?
Customer: emotions are high
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If you say that the granddaughter was evicted, then she was either a tenant who had to pay but did not, or, a non-paying tenant (called a tenant at will/sufferance). Either way, the same rules apply for left over items left by tenants.

She cannot sue (or if she did, the suit would likely fail) for left over items provided that the landlord (i.e. you) follows the statutory requirements for storing/giving notice/getting rid of said items.

Per 59.18.310, 59.18.312, et seq, the landlord may store property remaining when a sheriff executes a writ of restitution unless the tenant objects to storage. If the tenant objects, the landlord may place the property on the nearest public property. If the landlord stores property valued at $50 or less, he must give the tenant notice that he intends to sell or dispose of it after seven days unless it is reclaimed. If the property is valued at over $50, the landlord must give the tenant notice that he intends to sell or dispose of it after 45 days unless it is reclaimed. The landlord must apply and sale proceeds to any outstanding debts the tenant owes the landlord, including rent and storage of the property. The tenant can claim any excess income from the sale for up to one year. After one year, the balance becomes the landlord's property.

Let me know if you need a sample notice.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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