After a foreclosure on a property, there are certain processes a person must follow to evict the residents of the foreclosed property. Different rules apply to former owners living on the property versus tenants who occupy the foreclosed property. As the new owner, you have options about how to proceed, but you must do so within the bounds of complex Washington law.
If you recently foreclosed on a property in Washington and that property is currently occupied by either the former owners or tenants, experienced eviction attorney Quinn Posner has the knowledge and experience to help you recover what is yours and comply with Washington law.
Not necessarily. In fact, as the new owner, if there are tenants living on the property you may wish to preserve the tenant and continue to collect the rent. There are many benefits to keeping a good tenant if that is what you as the new owner wish to do.
If you choose to keep the new tenant, you must:
If you wish to keep the tenant, open a line of communication with them about the terms of the new rental agreement. You now have the obligations of a landlord and may need experienced legal advice about how to be a landlord.
This article is not meant to cover all of the obligations of your new status of a landlord if you choose that course of action. The eviction pages on this site will help inform you of your obligations under Washington law but may not be the full picture depending on your unique circumstances.
After a rental property is foreclosed upon, specific eviction processes apply to tenants in the property or owners of the property who refuse to vacate.
To be a "bona fide tenant," all of the following must be true.
If the person is a bona fide tenant, they are entitled to 90-days notice of the eviction under the Protecting Tenants at Foreclosure Act of 2009, a federal law.
Under federal law, the tenant is required to pay rent to the new owner, even during that 90-day period prior to eviction. However, if the tenant fails to pay rent, the 90-day notice remains the same.
If the tenant is not a bona fide tenant, he or she is still entitled to a 60-day notice to evict under Washington state law. During that time period, a new owner may not evict the tenant unless they commit waste or nuisance on the property. Non-payment of rent is not a reason to evict the tenant early.
After the applicable notice period has passed, depending on the status of the occupier of the premises, if the occupant(s) choose not to leave, you may now initiate eviction proceedings. This is assuming you have chosen not to allow the current tenants to remain.
Eviction proceedings must also be conducted according to strict protocols set forth by Washington law. With the help of an experienced attorney, you can ensure you follow the law and successfully remove any holdover owners or tenants.
As the new owner of the property, there are a number of actions you should completely avoid, or risk violating Washington or even Federal law.
Do not attempt to evict a tenant early from the premises. If you file for eviction early, your case will be thrown out of court, wasting your time and money. Further, you may be subject to financial sanctions for violating a tenant's rights, which you do not want to pay. With legal help, you can avoid these pitfalls.
A "self-help" eviction is one of the worst things a new owner can do. Self-help evictions include actions such as changing the locks, removing the tenant's possessions, shutting off utilities, or blocking access to the property.
If you decide to keep your tenant, you should not ignore the duties you have chosen to accept as a landlord. You may already be a landlord and be familiar with your duties. If not, you must educate yourself quickly so as to protect your rights and the rights of your tenant.
If you have recently foreclosed on a property and the property is occupied by the former owners or a tenant, there are strict Washington laws that you must follow. There are specific steps that must be followed to successfully and legally evict a tenant, but with the help of a knowledgeable attorney, you can feel confident that your rights as the new owner are cared for.
Experienced eviction attorney Quinn Posner represents clients in Camas, Washougal, Vancouver, and the rest of Clark County. Contact Quinn Posner today to schedule a consultation.