Washington Renters’ Rights During Home Foreclosure

If you’re a renter in Washington and your home is under foreclosure, it’s essential to understand your legal protections. Many renters are unsure about where they stand when their landlord’s property is being repossessed. This guide breaks down your rights, what happens during a foreclosure, and what steps you can take to protect yourself according to Washington state law.

What Foreclosure Means for Renters in Washington

Foreclosure happens when a property owner—your landlord—fails to keep up with mortgage payments, resulting in the lender taking ownership. You might be worried about how this impacts your lease and whether you could be forced to leave your home.

Protection for Washington Renters: Key Laws and Regulations

Washington renters have several important legal protections if the property they live in is foreclosed upon:

• Right to Advance Notice: New owners, including banks, must provide you with proper notice before ending your tenancy.
• Just Cause Eviction Rules: Even after foreclosure, you can only be evicted for legally valid “just cause” reasons, as outlined by Washington law.
• Federal Protecting Tenants at Foreclosure Act (PTFA) also applies, which offers additional safeguards.

These protections exist under the Washington Residential Landlord-Tenant Act (RCW 59.18) and modern city codes in places like Seattle.

Notice Requirements: What Your New Landlord or Lender Must Provide

If your rental is sold at foreclosure, the new owner (such as a bank) must notify you in writing before ending your lease. Under both state law and federal PTFA:

• You must be given at least 90 days’ written notice to vacate, unless you have a longer lease term.
• If you have a fixed-term lease (not month-to-month), you may be able to stay until your lease expires unless the new owner will live in the property as their primary residence.

Relevant Official Forms

• Notice to Terminate Tenancy (90 Day Notice)
  Form: No statewide form number; must comply with RCW 59.18.650 requirements.
  When it’s used: After foreclosure, a new owner serves this notice if they intend to evict a tenant. For example, if the bank buys your building at foreclosure, they must deliver a 90-day notice before asking you to move.
  Learn more at the Washington Attorney General’s Landlord-Tenant page.
• Summons and Complaint (Unlawful Detainer/Eviction)
  Form: No universal form; proceedings follow state court procedure.
  When it’s used: If you don’t move after a valid notice, the new owner must file a court eviction to remove you.
  See sample eviction forms from Washington Courts.

Who Handles Foreclosure-Related Tenant Cases?

In Washington, eviction and tenant-landlord cases are overseen by the Washington Courts. Disputes over improper notices or wrongful eviction after foreclosure are handled there. King County, for example, uses its own Landlord-Tenant Court process.

What To Do If You Receive a Foreclosure or Eviction Notice

If you get any couriered paperwork, letter, or posting about foreclosure or eviction:

• Read it carefully and note any deadlines or dates.
• Check if the correct number of days’ notice has been given (at least 90 days).
• Gather your rental agreement and any correspondence with your landlord.
• Contact Washington Law Help or a local housing office for free advice.

Taking prompt action and understanding your lease can often buy you time or even prevent eviction if the process is not followed according to the law.

Remember, only a court order can force you to move out after foreclosure. If someone tries to evict you without a court judgment, contact legal assistance immediately.

Your Rights Under the Washington Landlord-Tenant Act

The Residential Landlord-Tenant Act (RCW 59.18) protects you from unlawful or sudden eviction after foreclosure. You are entitled to a fair written notice period, time to respond, and a formal eviction process if required.

FAQ

1. Do I have to move out right away if the house I’m renting is foreclosed?
   No. Washington law and federal law require the new owner to serve you with at least 90 days’ written notice before you have to move, and sometimes you can stay until your lease ends.
2. What if I only have a month-to-month rental agreement?
   Even on month-to-month terms, you’re entitled to the 90-day notice under both state and federal law if your rental is foreclosed.
3. Can the bank just change the locks after foreclosure?
   No. Only a court order can force you to leave, and changing locks without court action is illegal under Washington’s Landlord-Tenant Act.
4. Do I still pay rent after foreclosure?
   Yes, but you may need to pay rent to the new owner. Always request a written statement confirming where to send rent after a sale.
5. Where can I get free help if I’m being evicted after foreclosure?
   Contact Washington Law Help or your local housing authority for assistance.

Conclusion: Key Takeaways for Washington Renters

• Renters in Washington are protected by law after foreclosure—90 days’ notice must be given before eviction.
• You don’t have to move until receiving valid notice and a court order.
• If you receive papers or threats, seek free legal help immediately to protect your rights.

Need Help? Resources for Renters

• Washington State Attorney General: Landlord-Tenant Rights
• Washington State Courts Portal (for legal forms and proceedings)
• Washington Law Help – Free Legal Assistance
• HUD: Washington Tenant Rights

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1. Washington Residential Landlord-Tenant Act (RCW 59.18)
2. Protecting Tenants at Foreclosure Act of 2009
3. Washington State Attorney General – Landlord-Tenant Resources
4. Washington Courts Eviction (Unlawful Detainer) Forms
5. King County Landlord-Tenant Court

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