Tenant Abandonment in Washington

Landlords can expose themselves to considerable liability in situations where the tenant appears to have abandoned the premises but in a legal sense may not have done so. Rental property owners should be very careful in situations where the tenant leaves significant belongings behind.

Abandonment has been defined by the courts as “an absolute relinquishment of premises by a tenant, and consists of act or omission and an intent to abandon”. Mike v. Tharp, 21 Wash. App. 1, 8 (1978) “Abandonment must be proved by clear, unequivocal and decisive evidence.” Id.

The tenant need not expressly state an intention to abandon. Such an intention may be implied by law. Moore v. Northwest Fabricators, Inc., 51 Wash. 2d 26, 314 P.2d 941 (Wa. 09/12/1957). “This inference may be drawn from anything which amounts to an agreement on the part of the tenant to abandon.” Id. at 30. Even where the tenant does expressly agree to abandon, the tenant’s actions in doing so must indicate “clear, unequivocal and decisive evidence” of “an absolute relinquishment of premises by a tenant.”

If the tenant removes substantially all belongings but leaves some things behind, there are certain requirements the landlord must follow in storing and disposing of the belongings. See RCW 59.18.310.