Legal Question in Real Estate Law in Washington
Washington State Illegal lock out from commercial property.
I have been working for the owner of an apartment complex as the maintenance man (an independent contractor) for about 2 1/2 years. 1 1/2 years ago, I negotiated the rental (via email) of the onsite garage/barn, in exchange for labor & materials improving the barn. 5 months ago, due to financial problems he was having, he replaced the manager & I with someone significantly cheaper. I continued to rent an apartment from him until the beginning of December. At that time we agreed (via text message) that I would begin moving everything out of the garage on Jan 5th.
On Monday the 10th, he showed up with the police & had them serve me a "trespass order." He did not get an eviction order, did not at the time claim I was behind in the rent, did not serve any notice. I tried to explain that I was renting the garage, the police said that the landlord told them I was not now nor had I ever been renting the barn. They told me to give them the key, or face arrest. I inquired as to how I could get my possessions, and was told I would have to schedule a time with the landlord to do so. I have a motorhome, a van & a truck, plus about $150,000 of tools in the garage.
On contacting the Landlord, he wants a $1000 non-refundable deposit & 6 months "storage" (hasn't decided how much that should be yet) to give me access. The local police tell me it's a civil matter, they can't get involved (they already have!!). After talking to several people, I was told I could get an officer to come by on "civil standby" to escort me on to the premises, but it would only be for 15-20 minutes. There's enough tools in there to fill a large uhaul, very heavy, large tools. Even with help, it's going to take a while to load up all that stuff.
I've talked to several attorneys, who want between $2000-$5000 to take on this case. I've been pretty much unemployed for 5 months, things were just starting to pick up, but now I can't access my tools to make a living.
How can I force him to allow me back in to get my belongings, if only for a day?
How can I get the no trespass order revoked/vacated, if only for a day?
1 Answer from Attorneys
Unfortunately, there is nothing that can be done on this without either the landlord's cooperation (not likely, given your description of events) or your taking him to court to seek an injunction that allows you to retrieve your possessions (hence the $2,000-$5,000 asked for by attorneys). Your best bet is to start to gather your evidence of the rental agreement (copies of correspondence that demonstrates the lease, as well as copies of checks, bank drafts, receipts, etc., that prove you were paying him rent). With that in hand, we could go to court to obtain an injunction that allows you access to remove your possessions, however, be prepared to be ordered to pay him the fair market rental value (based on your monthly rent) for each day your possessions have been there.
It will be hard enough for an attorney to make this happen for you. If you really have $150,000 worth of tools, either offer a full lien on them to an attorney in exchange for a payment arrangement, or maybe offer to trade tools for service (I'd be interested in that arrangement), or borrow against your tools from a third party to pay for an attorney, in which case, anyone with time will take your case.
Call me if you wish to discuss an arrangement.
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