A husband and wife owned a home that was foreclosed. The wife moved out months prior to the foreclosure auction. The purchasers at the foreclosure auction served legal notices on the husband, but did not name the wife in the notices. The foreclosure purchasers served two notices—a “twenty-day” notice to vacate, and also a statutory notice all foreclosure purchasers are required to serve on occupants after a foreclosure auction. The husband did not vacate the home. The foreclosure purchasers brought an eviction (unlawful detainer action) against the husband. The husband argued that the notices served prior to the eviction lawsuit […]
Monthly Archives: December 2016
3 posts
For a Seattle residential landlord, selling your house can be tricky. Under the just cause eviction ordinance the landlord must give 90 days notice (not a 20-day notice). The date to terminate the tenancy (the date the tenant is to vacate) must be the last day of a rental period—usually but not necessarily the last day of a calendar month. The notice must be served at least 90 days in advance. It is not correct to simply add 90 days to the current date. Under a recent Court of Appeals decision, the landlord may not enter into a purchase and […]
Some tenants facing eviction refuse to answer the door and accept service of the eviction lawsuit. Pre-litigation notices like the 3-day notice to pay rent or vacate can be posted and mailed if the landlord or person serving the document knocks and no one answers. This is not true for the eviction lawsuit summons and complaint. If the tenant continues to refuse to answer the door, the landlord upon a showing of diligent efforts at person service can seek a court order to post and mail. However, when the landlord utilizes this type of court approved post-and-mail service of the […]