In Seattle, you cannot serve a tenant with a notice to vacate, based on the owner’s intention to sell the property, after a purchase and sale agreement has been signed. Within the Seattle City limits, the owner must cite the reason for the eviction or lease termination. If the owner intends to sell the property, a 90-day notice is required. In a recent Washington Court of Appeals case, Thoreson Homes v Prudhon, the buyers included a provision that the sellers give notice to vacate to the tenants prior to closing. The tenant refused to vacate, arguing that the owner couldn’t evict based on their intent to sell because the owner had already sold the property. The Court of Appeals found for the tenant. If you represent a buyer or seller in Seattle where there is a tenant in place, refer your clients to an attorney!
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There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
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