Tenant Rights During Foreclosure

On May 20, 2009 the "Protecting Tenants at Foreclosure Act of 2009" became law.

Section 8 tenants have new rights regarding eviction from units that have been foreclosed upon. The person who owns your home as a result of the foreclosure must follow these rules:

  • First, if you have a lease for a fixed term, such as one year, and the lease has not expired, you have a right to remain in the unit and cannot be evicted (except for actions that you, members of your family or your guests take which constitute good cause) until the end of the lease term.
  • Second, if your lease ends in less than 90 days the new owner may not evict you without giving you at a minimum 90-days notice.
  • Third, the new owner wanting the property vacant before they sell it is not good cause for terminating the tenancy or for eviction.
  • Fourth, there is one exception to the rule that you may not be evicted during the term of your lease. If the new owner who acquired the property at foreclosure wants to occupy the unit as his or her primary residence, that owner may give you a 90-day notice to vacate your home even if your lease runs for longer than 90 days.

If the new owner tells you that you have to leave, offers you money to leave or gives you a notice of eviction, you should contact your Housing Coordinator to tell them what is happening and provide a copy of any notice. In addition, please contact Dispute Resolution for legal representation in accordance with your rights under this law at (425) 339-1335.

If you receive an improper notice to terminate your lease, you should respond in writing objecting to the notice to your landlord before the date for termination in the notice you received, and you should pay your rent. If you do not pay your rent, your landlord can serve you with a notice to pay rent or vacate under Washington State law. Letters to the new owner should be sent by certified mail, with a return receipt requested, at the address the new owner put on his/her notice to you.

Remember - You should keep copies of your letters for your records.