Legal Question in Landlord & Tenant Law in Washington

A Notice of Default was nailed to our door yesterday, but we rent. If the landlord doesn't pay his past due balance and the home goes into foreclosure, will we be responsible to still pay him rent even after the bank evicts us? Can I break the lease without consequence if he goes into foreclosure? Also, will the bank evicting us show up negatively on our rental history? Thanks.


Asked on 2/01/11, 1:31 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

You will not still be responsible for the rent if you are evicted from the premises, since paying rent is contingent upon having a place to live. Thus, yes, you can break the lease if the place goes into foreclosure.

You will not have to be evicted by the bank unless you refuse to leave once the bank takes over. You should start to make plans for a smooth transition. Many banks will allow you to keep living in and renting the unit on the same terms as you had before rather than have the place remain vacant, especially if it is well below market value or sales are very slow in the area. Abandoned homes are not what banks want.

Although the morality of this is in question, you may consider stopping paying rent to your landlord. He could sue you, in which case you may still have to pay him for the remaining months, but if he does not sue, you can get away with it, much the same as he is getting away with not paying the mortgage. I've seen a lot of tenants stop paying rent once the properties end up in foreclosure, and they gamble that the landlord has other problems to worry about beyond them. If they are sued, threatened with suit, or threatened with eviction, they they pay or even try to negotiate a cheaper rent, since they can move out by virtue of the fact that the lease is broken by the landlord who cannot let them stay for the full term. If they are month to month, then the same is true, in that they can leave at any time, so the landlord may be willing to take significantly less, knowing that you can leave at any time, and they may as well get what they can, since they will not be able to rent it out to anyone else for the remaining months before the bank takes over.

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Answered on 2/09/11, 7:56 pm


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