Legal Question in Landlord & Tenant Law in Washington
tax sale eviction
Yes:I am going to a tax auction on Dec 10,2004 in GraysHarbor county and am going to purchase 2 houses atthis auction.My question is that how do i get the people that are living in these 2 houses to move out.I would like to move into one of the houses and fix the other one up to sell.What is the legal process to evict the people.And is there a way that i can evict the people without having to go through a lawyer?can you tell me how to go through the process and how long it takes to evict the people.I dont have alot of money for a lawyer.This is the first time i have bought anything at a taax auction and i need help fast .please respond asap thank you. Ps.The people were renting the houses from someone else and got a tax eviction notice but the day before the auction it looked like the people living in the houses were not even going to move.The trax place in the grays harbor court house sent the people a tax notice to pay by 5pm on the day before the auction or the places will be sold.The notice was put on the properties on september 8th.The notices were sent to the physical address and to the owners address.So there was plenty of time to pay taxes or move.please help.I need step by step instructions how to evict the people.thanks
1 Answer from Attorneys
Re: tax sale eviction
Hello: First off, congrats on your house purchase. Second, I don't know an atty in Grays Harbor County off the top of my head to refer you to, but if you are really stuck call me. My contact info is below.
If the current residents are the owners of the houses, that's one problem - if they are tenants that is another.Sounds like you have one of each.
In any event, your best bet to prove predicate notice, which you will need to effectively get them out is to go round up copies of the "Notice of Tax Sale" that they received and reference the date on that. If they received the notices less than three days ago, you'll need to send them again. Personal service is best (and you can't do that - either the sheriff, a process server or a friend of yours has to) and if you can't get personal service of the notice you can post and mail two copies, one first class and one certified return receipt requested.
If that doesn't work, then you have to serve them with a summons, complaint, motion/decl. for Order to Show Cause, a signed Order to Show Cause and a note for calendar setting a hearing and telling them when to appear.
If THAT can't be served, you'll need an Order Allowing Service by posting and mailing.
That's their notice the jig was up. If you can't find the original one, you will need to send another one. The court is going to want to see that the tenants had ample notice to get out. Repeated notice is usual and customary.
This is not an area where you are going to get what you want without a lawyer. Unlawful detainer is a strictly statutory action and if you don't follow each rule you will not get what you want.
There are plenty of attorneys out there who don't know how to do this!
That said, here are two methods to find what you want. Either call me, or go down to the courthouse, ask the clerk what calendar does the unlawful detainers, and go watch that calendar. There may well be an atty. and you'll be able to tell if they know what they are doing or not.
If they do, introduce yourself and ask for a card and call them.
I apologize for not being able to give you a treatise on landlord-tenant law on-line, but I think it would be irresponsible and likely would get you in more trouble and cost you more money in the long run.
I wish you the best - Elizabeth Powell
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