Q & A: Landlord selling property, tenant doesn’t want to move
April 1, 2009
Q: We are not renewing the lease of our renter due to the fact that we have decided to sell our home. This renter was uncooperative with us when we had the opportunity to show our home. We gave her advance notice, even with the option of buying before we advertised. She would not return phone calls or clean the house— purposely leaving it a mess. She was given notice that her lease would not be renewed Dec 31. (She had a six month agreement ending in February). She says she does not want to move and will call to find out if we can make her move. Do we have cause to worry? We live in Washington State. There was no mention of an extension of her lease. Beside being uncooperative in arranging to show our home, she has not been responsible in keeping the house in good repair.
Thank you for your time, Holli
A: Washington law under RCW 59.18.220 states: “In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.” Virtually every other state has a similar provision.
That means that your “tenant” has no right to stay in the premises. Unfortunately, you will have to go to eviction court to get rid of her if she refuses to move after the term of the lease is up.
Another thing to consider, since she is being uncooperative in allowing the home to be shown and has apparently deliberately made it unattractive to buyers: she probably has some liability for restraint of trade. Consult an attorney about that. Usually just the threat of such a suit and will “persuade” her to move. Legal Aid will not defend bad tenants in civil suits such as these.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
