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Topic: When it rains it pours

Just recently our landlord passed away and the rental that we were planning on residing in for years was taken back by the bank. Now we were just served an eviction notice by  "the estate" which is acting as a legal entity. The notice is asking that we have all of our belongings out by May 5th.

Having spoken to a few people I've been told that as tenants we legally have 90 days before we have to have our things out, I have also been told 30 days. Either way 20 days seems like quite a crunch especially since we don't know where we are  going from here.

Any advice or support or leads on places would be greatly appreciated at this time.
Thank you ,
Sarah and Josh
5094296489 smlsuccess@outlook.com

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Re: When it rains it pours

IANAL (thank goodness).

There must have been contact information on the eviction notice.  I'd suggest calling them up and politely offering to be moved out by the end of May. 

If that doesn't work, I'd suggest contacting nwjustice.org or hiring an attorney to write them a letter making the same offer.

David Bonn

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Re: When it rains it pours

If you didn't have a written lease agreement, then yes, the default 20 days notice of the RCW would apply.

http://tenantsunion.org/en/rights/termination-of-tenancy1

The notice requirement is fairly strict though, and if you did not receive the written notice at least 20 days in advance of the end of the rental period, then it would apply at the end of your next full rental period. Ie, if they missed the deadline, and you only got 19 days notice, then you get another full rental period (ie a full month) before you have to move out. So that's like 50 days notice.

This is where having a written lease agreement is nice, as usually those have a 30 day written notice clause.

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Re: When it rains it pours

Hmm, just happened to run across this... apparently it all changes up if the property was foreclosed on. If it's a foreclosure, and it sounds like the definition of foreclosure by your description, then you should get 60 days notice, and you also don't have to pay rent for that 60 days.

https://www.washingtonlawhelp.org/resource/i-am-a-tenant-living-in-a-foreclosed-property?ref=t55Xs

It sounds like they are doing things out of order though... as you are supposed to get a notice to vacate either 20 days, or 60 days for foreclosures, or whatever notice period is on your lease, and then if you are still in the house after that, THEN you get an eviction action served. Unless you violated any terms of the lease or are behind on rent or something?

So IF this is a foreclosure... which it sounds like it is based on what you described... and IF you actually got a eviction action served, then it sounds like they aren't doing things correctly, and that may benefit you.

Read everything carefully... understand the law... and do your due diligence... as no one else is going to look out for you and your interests - unless you are paying them (ie an attorney).

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Re: When it rains it pours

Washington State Attorney Generals office is great help in understanding particulars of landlord tenant laws here.

A call to them can really help! And it is free.

Ronda Bradeen