Legal Question in Landlord & Tenant Law in Washington

Re: remove former tenant's car from backyard

I'd just like to add some comments with regard to Washington's Residential Landlord-Tenant Act. First, you can use any security deposit funds from the tenant, but you must send him a written statement of what the funds will be used for within 14 days of his moving out. RCW 59.18.280.

Secondly, it doesn't sound like the sale of the car was in writing, and I agree with the prior answer that there may not have been a sale at all.

Washington's Residential Landlord-Tenant Act states that when a tenant abandons the property, the landlord may enter and put any and all possessions of the tenant in storage. Then, notify tenant via first class mail to his last known address that you are storing the property, your contact information, that he can get it back by paying reasonable storage fees, and that if he doesn't pay the storage fees within 45 days of the date the notice was mailed, you will sell his property and use the funds to pay the storage costs, damage to the property, and unpaid rent.

Wait 45 days, and sell the car! See RCW 59.18.310 for specific detail. You can find Washignton's RCW by going to: http://www.leg.wa.gov/rcw/index.cfm#RCW_by_Title

Re: remove former tenant's car from backyard

First question: Did he make a seller's report of sale to the DOL? Because it doesn't sound like it. From your statement, I cannot see how you have clear title to this car. You don't have the keys; you don't have the title; you can't reach him to clear this up. You can't donate the car to charity because you don't own it.

As the owner of private property, you can ask a tow company to tow it away. Call a reputable tow company and make sure you follow the proper procedure for a tow from private property.

You are under no obligation to assent to your tenant's method of ending this tenancy. The problem of course is finding him. You can't sue him and get a judgment without personal notice to him.

There are ways to find people - it's called skip tracing. Depending on how much energy and money you want to put into this, you could get some relief. Maybe it's better to just chalk this one up. Your house insurance may cover damages to the property caused by your tenant.

In WA, you as a landlord are required to have an agent in the state for service of process if you live someplace else. I can't tell from your question whether you live out of state or if your ex tenant is now out of state. In any event, before you rent the property out again, be sure you have a property manager keeping an eye on the place to ward off future abandonment problems like this one. Good luck -