Legal Question in Landlord & Tenant Law in Washington
home I am renting is being auctioned!
I signed a 2 yr lease in Jan 07; in May 07 landlord informed me the house is being auctioned by sheriff due to a lein his ex-wife placed on property in 2004. I learned that 2 yr leases aren't valid in WA unless filed- could I still sue for moving costs? He told me he would return my deposit but hasn't yet and I don't think he's going to. What a bum!
1 Answer from Attorneys
Re: home I am renting is being auctioned!
Your rental agreement with your landlord is probably only for one year unless specific steps were followed to aviod running afoul of the Statute of Frauds.
You cannot have an interest in real property for more than one year unless your agreement is acknowledged - that is, notarized signatures.
Your cause of action against your landlord is for loss of quiet enjoyment, which is similar to breach of contract but more comprehensive.
If the sheriff is really going to auction the property, your landlord has a whole host of problems. Selling real property is a last resort against a debtor who cannot pay a debt he owes out of other property. It is very unusual, and could be avoided if your landlord were to take a bankruptcy.
You have a right to be in the house until January 2008. If that is not going to happen, then you can move out and sue him. If he's that broke though, good luck collecting.
People sell houses with tenants in residence all the time, but the Sheriff doesn't have to do that.
Have you received any notices from the sheriff?
You are entitled to 20 days, bare minimum. My take on this?
Your landlord may not be telling you the truth, and just wants to get out of the lease.
You can bargain for compensation for breaking the lease early. One month's rent PLUS your deposit and pre-paid rent returned would be reasonable.
Hope this helps. Elizabeth Powell
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