Bankruptcy Law Helpful Information The Young Law Group Pllc
De BISAWiki
If you are a tenant renting a residential dwelling foreclosed out from under you, you are entitled to a 60 day notice or, if you qualify under a new Federal Law, 90 days to move. If you are leasing a commercial space, you are entitled to a 30 day notice to vacate the property. If you are the former owner of the property (residential or commercial) the new owner (or lender) will serve you a 3 day notice to move out. The notice must be served correctly and it must contain language required by law.
A 20-day, (also sometimes called a no cause notice), is a notice that a landlord gives to terminate the tenancy of month-to-month renters. In most cities in Washington, landlords can ask month-to-month tenants to leave with only twenty days written notice. The notice must be written, and must be delivered at least 20 days before the end of the month or rental period. The landlord does not have to give a reason why they are asking you to leave, and currently no exceptions or extensions exist in Washington state law. Landlords cannot legally terminate tenancies for reasons that are discriminatory or retaliatory.
If you were planning to file a bankruptcy anyway, it MUST be filed before trial, not after you lose the trial. Before trial, the landlord has to go to the Bankruptcy Court to get permission to continue with the eviction, and then reset a new date fro the trial, all of which stop eviction california can easily take a month. A bankruptcy filed after you lose your case can reduce your payment of that judgment amount, but it DOES NOT NECESSARILY STOP THE LOCKOUT. There are technical circumstances and rules about that, which are beyond the scope of this website.
Evictions for renters are handled by strict contract law standards and the tenant often has more rights than the landlord. In many states, tenants can sue their landlord for breach of contract, possibly harassment and receive many times their monthly rent if they win the law suit. Some cities make it extremely difficult to evict tenants for any reason. This is not the case with foreclosure evictions because the former homeowners are not tenants. Well-meaning people often tell foreclosure victims about experiences they know about where tenant/landlord law was involved. Again, this is not the situation where foreclosures are involved.
Once the paperwork has been filed for the Forcible Detainer, you have to appear in court to address this. You usually have about 10 days from the date you are served the paperwork. If you are not delinquent on rent and do not want to move, you must provide proof that you are paying your rent as required and are following the terms of your lease. If you owe back rent, you may be able to work out something with the landlord before court to remedy the situation. If he just wants his money, he may allow you to pay him his costs for filing.
Some tenants may also receive a notice titled “RCW 59.18.375 Payment or Sworn Statement Requirement” at the same time or soon after their summons and complaint is delivered. Look closely for this notice, as it requires extra attention and response. Tenants who receive such a notice must file a sworn statement with the court or pay the amount owed the landlord into the court registry within 7 days of the date the case is filed with the court (by the deadline stated on the notice) in addition to filing their answer or notice of appearance. Essentially, this will just “buy” you the opportunity to have a hearing.
