Legal Question in Landlord & Tenant Law in Washington

Can my tenant legally withhold rent while I'm in the foreclosure process? She is renting my home and have been occupying it for her use but have refuse to pay me rent because I'm in foreclosure. I am actively working with the bank to stop the sale but because of back up they are taking longer than expected. In the meantime my tenant is living in the home that I own and is refusing to pay rent. What can I do?


Asked on 3/09/10, 2:10 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

No. Your tenant cannot legally withhold rent while you are in foreclosure. Your options at this point are to evict the tenant and get a judgment for past rent due, or simply sue the tenant for past rent due, but not sue to evict if you otherwise think the tenant will pay rent.

Normally, people do not sue for back rent without also asking the tenant be evicted. In your case, you may consider just suing for back rent if you think the tenant is otherwise financially responsible but does not want to pay to take advantage of a mis-perceived loophole in the law that does not really exist.

I would only consider this option if the tenant has excellent credit. That type of person would care if you sue them and would probably settle in exchange for a dismissal of the suit, which trust me, is exactly what you want.

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Answered on 3/15/10, 8:50 am


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