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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37828
Experience:  Attorney over 16 years, landlord 26 years
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We bare renting a house we found out is in forcloser.they served

Customer Question

we bare renting a house we found out is in forcloser.they served me with a 3day pay or vacate notice that was not noterised and the landlord handed it to me. she sighned the paperwork saying she was not fighting the forcloser. I contacted the firm doing the forcloser all they would say is she still owned the property. She wound not except money from since January. I need more time to find a place. what rights do I have.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome. My name is ***** ***** I will do whatever I can to help..Can you tell me what state this is in?.Have you paid all rent due up to now or are you behind on the rent?.Do you have the rent available from January til now sitting in an account somewhere?..thanksBarrister
Customer: replied 2 years ago.
Washington, shee would not except my rent since January,i do have it if I need to,
Expert:  barristerinky replied 2 years ago.
Ok, then by law, you have 3 days starting the day after she gave you the 3 day notice to pay everything due to cure any default. If she refuses to accept it, then you can put it in a savings account specifically for this money and tell her the account number and that it is sitting there waiting on her. I would tell her through email, text, or written letter sent certified mail so you have proof..If she tries to evict through the courts, you can show the judge that the money is sitting there and you tried to pay it and she refused. The judge should then tell her to accept the money and dismiss the case. Legally a landlord can't refuse to accept the money if it is offered by the tenant within that 3 days..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister
Customer: replied 2 years ago.
the house is being forclosed on the notice she handed to me was not notarized is it legal?
Customer: replied 2 years ago.
it was a verbal agreement and she saying I owe more than what I really. is it legal to collect rent on a house in default?
Expert:  barristerinky replied 2 years ago.
Yes, a 3 day doesn't have to be notarized in order to be legal in Washington..The fact that the house may be in foreclosure is not legally relevant as long as the landlord is still the owner on the deed. If the house is sold at auction to a new owner, then they would become your landlord and you would have to start paying rent to the new owner. As long as the current landlord owns the house, they are legally entitled to collect rent on it, regardless of any problems that they have with their lender...thanksBarrister
Customer: replied 2 years ago.
what can I do?
Expert:  barristerinky replied 2 years ago.
At this point, you need to offer the full amount due for the rent and any late fees to the landlord and document the offer as I mentioned above. If the landlord refuses to accept it within that 3 day period, then if they try to evict through the courts, you can show your proof that you tried to pay it and it is sitting in an account waiting on the landlord to accept it. The judge should then dismiss the eviction complaint..But you don't have to move out within that 3 days if you don't have all the rent. The landlord would still have to file a formal eviction action in court to get a judgment and a writ to have the sheriff force you to leave. That takes about 3 more weeks, depending on the court's schedule...thanksBarrister
Customer: replied 2 years ago.
3 day pay or vacate gives us till the end of the month then does she have to file with the courts after that or before im trying to figure out how much time have before I have to leave
Expert:  barristerinky replied 2 years ago.
A 3 day notice only gives you 3 days after the landlord gives you the notice to pay. So if she gave you the notice yesterday, the 3rd, then today would be Day 1. She could file a formal eviction action in court on the 7th and it would take about 3 weeks until she could have a sheriff come execute a writ to physically force you to leave the property. So if she aggressively pursued this, she could have the sheriff force you to move around the end of the month....thanksBarrister