Storage Locker Dilemma: What would you do?

[Marcia Maynard]

BACKGROUND:  Tenant eviction.  Tenant did not even begin to move out, even after the judge ruled in our favor.  Stayed until the Sheriff lockout.  Was not at home at the time. Single mom with three elementary school age children.  We packed up all of her belongings, cleared the apartment and put her stuff into storage at a storage facility.  We followed landlord-tenant law for Washington State, which allows her up to 30 days to reclaim her property by paying us for the moving and storage fees.  Time ran out yesterday.  She wants her property back and made it clear from the beginning that she intended to come up with the $900 required.  If she did, we would simply release the storage locker into her name as per the procedure allowed by the storage facility.  That is what she wants us to do, since she has no truck, movers, or place to take the stuff.

CURRENT SITUATION:  She has not come up with the money to repay us for our cost of moving and storage.  We have the locker rented on a deal - pay the first month, get the second month free, so the locker is paid until September 3.  Since her time has run out, our landlord-tenant law allows us to sell her property to recoup the moving and storage costs, however any excess can not be used to pay for the eviction judgement or apartment damages, which were plenty.  We are not interested in the photos, personal papers, or clothing items.  The furniture and household goods could fetch us some money, but would take more of our time and effort to sell.  Some nice paintings and art prints (gallery quality) could be consigned to a local non-profit upscale consignment shop that splits 50/50 and they donate their proceeds back into the community to support local non-profit service agencies.  Some of the furniture could be sold there too.

DILEMMA:  We don't want to deal with the storage locker and her belongings.  We moved the stuff once, and that was enough.  We also don't feel right about turning the storage locker over to her without her paying what is rightfully due to us for the drayage & storage.  We already know we won't see a penny of the money she owes us for rent, legal fees, and damages.  She is totally on public assistance, no employment, raising three children.

Me:  I want to give her back her family keepsakes, photos, personal papers, and clothing for her and her children - regardless if she pays us anything.  They are of no use to us. But some are buried deep in the locker and would be difficult to extract.  I want to keep a few things that we could actually use in our rental property business, such as a step stool and vacuum cleaner.  I want to return to a restaurant some goods we believe may have been stolen.  I am considering selling the good furniture and household goods at the non-profit consignment shop.  Will be satisfied if we can recoup the $900.  Then will be glad to let go of anything remaining.

My Husband:  Doesn't want to do anything more with the stuff.  Would even consider just turning it all over to the tenant, if she comes up with some of the money or none at all, just to be done with it.  Feels bad the 11 year old son's x-box and sports equipment are locked up.  Computers too.  Has a feeling the tenant will fall behind on paying for the storage locker and will lose all the stuff anyway.  As this has happened to this tenant before.

Both of Us:  Overwhelmed by the thought of dealing with the stuff.  Feel the stuff has bad mojo.  Don't know the best way to move the goods.  Don't know how other landlords would handle this situation.  This is only our second eviction in 19 years.  The last time, the tenant paid up on the last possible day and got her stuff back.  Not so lucky this time.

What would you do?