Home Buying in Seattle>Question Details

fmorgan, Home Seller in Seattle, WA

What kind of rights do tenants have in the case of a short sale? Ours have a month to month lease. How long until they have to vacate?

Asked by fmorgan, Seattle, WA Tue Sep 11, 2012

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John Stewart’s answer
Seattle's Landlord Tenant Laws are more stringent than Washington laws. You should have received, from the landlord, a copy of the laws when you entered into the rental. the link attached to this post is to a copy of those laws and you'll find on page 5 in the description of Month-to-month agreements, that either party is required to give 20 days notice. This notice must be given to each tenant. Many property managers will begin the eviction process which is a separate notice, at the same time so that there is no question that the shortest amount of time is taken to vacate.
Review the link and use the numbers provided to ask any further questions
1 vote Thank Flag Link Tue Sep 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
Could you please enlighten me further? All the short sales I negotiated (in New York) required that the house be owner- occupied as one of the primary conditions of negotiation with the people (lenders) signing off on the notes.

I can not imagine what negotiating with Chase Bank accepting less due on the mortgage(s), whilst also having a tenant in residence at the subject property, would mean in the ability to negotiate a viable deal.

Are short sales that easy to negotiate in Washington State?
0 votes Thank Flag Link Thu Oct 11, 2012
John is right on spot....read the Seattle Landlord Tenant laws, it will tell you what you have to do, to give your tenants proper notice. The minimum is 20 days by either party, but you could always give more.
0 votes Thank Flag Link Tue Sep 11, 2012
That's somewhat up to the new owner and plenty of time during escrow to ask the buyer what they are thinking. If an investor is buying it he may want the tenants to stay with the rent going to the new owner.
0 votes Thank Flag Link Tue Sep 11, 2012
Hi, thank you for responding. I am actually the home owner. We have a rental agreement with our tenants, which is month-to-month. When they signed the agreement, they knew that we would be putting the house on the market for a short sale. We are now in the process of getting approval from the lien holders for the short sale, so I gave the required 20 days notice of termination of tenancy to my tenants today. The buyer's funds are already in escrow so we will close quickly. The tenants are stating that according to SMC 22.206.160, they are entitled to 60 days notice to vacate in the case of a sale. And, they are refusing to acknowledge the written notice of termination of tenancy. Any thoughts?
Flag Tue Sep 11, 2012
Do you have a lease, or rental agreement? There should be language in your agreement which covers the termination of your tenancy. You can also contact the Seattle Tenants Union. They may be able to assist you. Good luck.
0 votes Thank Flag Link Tue Sep 11, 2012
Hi, thank you for responding. I am actually the home owner. We have a rental agreement with our tenants, which is month-to-month. When they signed the agreement, they knew that we would be putting the house on the market for a short sale. We are now in the process of getting approval from the lien holders for the short sale, so I gave the required 20 days notice of termination of tenancy to my tenants today. They are stating that according to SMC 22.206.160, they are entitled to 60 days notice to vacate in the case of a sale. And, they are refusing to acknowledge the written notice of termination of tenancy. Any thoughts?
Flag Tue Sep 11, 2012
I do not know the law in WA, however in my experience a month to month lease would expire at the end of a month and be renewed by the owner for another month. If during the month the ownership changes hands the tenants should be able to remain until the end of their lease (end of the month). Once the lease is expired I do not believe they have any right to remain. The tenants should be talking to the new owners about the possibility of renewing and at what terms. I would suggest they consult a Real Estate Attorney who is familiar with your local laws to be clear of their rights though.
0 votes Thank Flag Link Tue Sep 11, 2012
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