Buying a House with Unauthorized Tenants

[Christina Tkacs]

I live across the street from a house with unauthorized tenants in it.  Long story very short - they're destroying the property and neighborhood, and the landlord cannot get them out.  He's dealing with real estate attorneys and sending letters to Washington State government officials daily.  I believe the holdup is that he initially allowed them to stay on a weekly basis, which technically makes them non-paying tenants and not squatters.

Not looking for comments on his mistakes!

What I'm wondering is, if I buy the house, do I have a better chance at getting them evicted?

Location is unincorporated Pierce County, Washington.

[Mark Ernst]

Hi Christina, 

I was the high bidder on an occupied property, so I researched this pretty well. It changes with the WA State Governor's declarations, but this is what I read and understand from it.

Until August 1st, all normal evictions are blocked. Once August 1st hits (assuming they do not extend this again) then if you are moving back into the property, or selling it you must give 60 days notice minimum, before eviction. So assuming no more extensions (about 40-60 against my estimate) and assuming you were "going to move into the place" or sell it, you would have to give them 60 days+ notice from August 1st. So October is earliest if they want to.

There is a clause in the order around an "exceptions for property damage, danger posed by a person to the safety/health of others or property." So that might be an avenue to pursue, but in my opinion it's unlikely unless it's egregious and obvious enough. No one wants to "say yes" to an exception would be my guess, and the process isn't documented or understood, because there wasn't a plan to provide that.

In answer to the question, do you have a better chance of getting them out? No. Best option might be to work with the Landlord and agree to buy it from him after the August 1st date, + 60 days notice, and eviction (or unlikely cash for keys)

As a side note, he can sue them for damages, and if all else fails issue a 1099-Misc for the lost rent and damage repairs. They will have to (or should pay tax) on that loss he reported.

Mark

Extension to August 1st.
https://www.governor.wa.gov/news-media/inslee-extends-eviction-moratorium

and additional protections for renters not paying rent
https://www.governor.wa.gov/news-media/inslee-expands-eviction-moratorium-and-adds-additional-protections-residential-and-some