July 22, 2009
90 Days Notice Required Prior to Eviction of any Tenant Living in a Foreclosed Property
Bruce Neas, Columbia Legal Services
If you rent your home, and your home was sold at a foreclosure sale after May 20, 2009, a new federal law, The Protecting Tenants at Foreclosure Act of 2009, requires the new owner to notify you at least 90 days before evicting you. You must still comply with the obligations of your lease or rental agreement during this time period.
In addition to the new federal law, a new Washington State law, effective July 26, 2009, requires the foreclosing party (the bank or trustee that is foreclosing on the rental property you live in) to send you a written notice before your home is sold at foreclosure. This written notice will warn you that your home might be sold 90 days or more after the date of the notice. It will also tell you that the new owner who buys your home at foreclosure is required to provide you with at least 60 days notice before evicting you. These are two distinct notice periods: the 90-day foreclosure notice will tell you when your home may be sold at foreclosure; the 60-day eviction notice period may not begin until after your home is sold at foreclosure.
Even after this new state law goes into effect, and you receive notification of your right to a 60- day notice to vacate under that new state law, new owners will still be required to provide renters with a 90 day notice prior to eviction, because of the federal law.
These are new laws and there are no court decisions yet interpreting either law. This document is meant to give you general information about these new laws. For your specific circumstance, you should review this document, and then consult a lawyer about specific questions pertaining to your rights under the new federal and state laws protecting tenants living in foreclosed properties.