Washington Code 59.18.590 – Death of a tenant — Designated person
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(1)(a) At a landlord‘s request, the tenant may designate a person to act for the tenant on the tenant’s death when the tenant is the sole occupant of the dwelling unit.
Terms Used In Washington Code 59.18.590
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Designated person: means a person designated by the tenant under RCW 59. See Washington Code 59.18.030
- Dwelling unit: is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes. See Washington Code 59.18.030
- Intestate: Dying without leaving a will.
- Landlord: means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. See Washington Code 59.18.030
- Person: means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Washington Code 59.18.030
- tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
(b) Any designation must be in writing, be separate from the rental agreement, and include:
(i) The designated person‘s name, mailing address, any address used for the receipt of electronic communications, and telephone number;
(ii) A signed statement authorizing the landlord in the event of the tenant’s death when the tenant is the sole occupant of the dwelling unit to allow the designated person to: Access the tenant’s dwelling unit, remove the tenant’s property, receive refunds of amounts due to the tenant, and dispose of the tenant’s property consistent with the tenant’s last will and testament and any applicable intestate succession law; and
(iii) A conspicuous statement that the designation remains in effect until it is revoked in writing by the tenant or replaced with a new designation.
(2) A tenant may, without request from the landlord, designate a person to act for the tenant on the tenant’s death when the tenant is the sole occupant of the dwelling unit by providing the landlord with the information and signing a statement as provided in subsection (1) of this section.
(3) The tenant may change the designated person or revoke any previous designation in writing at any time prior to his or her death.
(4) Once the landlord or the designated person knows of the appointment of a personal representative for the deceased tenant’s estate or of a person claiming to be a successor of the deceased tenant who has provided the landlord with proof of death and an affidavit made by the person that meets the requirements of RCW 11.62.010(2), the designated person’s authority to act under this section terminates.
[ 2015 c 264 § 2.]