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Renting a home that was foreclosed in Washington: your rights

If you rent a home in Washington and your landlord's home is sold at a trustee's foreclosure sale, federal law usually gives you at least 90 days' written notice, and often the rest of your lease. Washington adds its own rules: renters get a notice in the mail when the sale is set, you must get at least 60 days' written notice to vacate after the sale unless the new owner gives you a new rental agreement, and the foreclosed owner must refund or transfer your deposit right away.

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Reviewed against Washington law and official sources on October 12, 2026. General information, not legal advice.

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Your rights as a renter in Washington, in order

  1. Federal floor: 90 days' notice, and your lease may continue

    After the sale

    A bona fide tenant gets at least 90 days' written notice to vacate, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. If you have a Section 8 voucher, the new owner takes over your lease and housing assistance contract. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

    Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

  2. A notice to "Resident" when the sale is set

    When the notice of trustee's sale is posted

    If the trustee chooses to foreclose the interest of tenants, it must post and mail a notice addressed to "Resident of property subject to foreclosure sale." It says the home may be sold 90 days or more later and that a new owner must either give you a new rental agreement or a 60-day notice to vacate.

    RCW 61.24.143

  3. At least 60 days' written notice to vacate after the sale

    At least 60 days before removal

    A tenant or subtenant living in a home when it is sold in foreclosure must get 60 days' written notice to vacate before being removed through an unlawful detainer case, unless the new owner negotiates a new rental agreement with you. You can still be evicted sooner for waste or nuisance. The longer federal period applies when it covers you.

    RCW 61.24.146

  4. Your deposit must be transferred or refunded right away

    Immediately after the sale

    If your deposit is not transferred to the new owner, the foreclosed-upon owner must promptly refund the full deposit to you right after the sale. If it does neither, it can owe you up to twice the deposit, and the winner of a lawsuit over the deposit recovers costs and reasonable attorney fees. When a deposit is transferred, the new landlord must tell you where it is held.

    RCW 59.18.270

  5. Washington's just cause eviction law

    Before any eviction

    Washington's Residential Landlord-Tenant Act limits when a landlord can evict, refuse to continue a tenancy or end a month-to-month tenancy to the causes listed in RCW 59.18.650. How that law and the 60-day foreclosure notice work together for a new owner after a sale was not confirmed, so ask legal aid before you move.

    RCW 59.18.650

  6. Keep paying rent and ask who to pay

    Every month

    We did not find a Washington statute that tells a renter who to pay after a trustee's sale. Ask the new owner in writing for its name, address and proof of ownership before paying someone new, keep paying as your lease requires to the party you confirm, and keep every receipt.

Common questions in Washington

My Washington landlord was foreclosed and kept my deposit. What can I do?

Under RCW 59.18.270, if your deposit was not transferred to the new owner, the foreclosed-upon owner must refund it to you right after the sale. If it does not refund or transfer it, it can be liable for up to twice the deposit, plus costs and attorney fees if you win in court. Send a written demand and keep a copy.

I rent in Washington and got a letter addressed to "Resident" about a foreclosure sale. What does it mean?

It is the notice RCW 61.24.143 requires when a trustee forecloses on tenant-occupied property. It means the home may be sold in 90 days or more, and after a sale the new owner must either offer you a new rental agreement or give you a 60-day notice to vacate. It is not an eviction notice.

Can a Washington foreclosure buyer evict me sooner than 60 days?

Only for waste or nuisance, through an unlawful detainer case (RCW 61.24.146). Otherwise you must get at least 60 days' written notice, and federal law usually requires at least 90 days for a bona fide tenant. Only a court order can remove you.

Step by step

More on foreclosure in Washington

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Washington

Foreclosure mediation Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens Renters after foreclosure (this page)Letters you may get

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Sources for this page

  1. RCW 64.90.485 (common interest community liens, notices of delinquency)
  2. RCW 64.90.360 (which communities chapter 64.90 covers, 2028 transition)
  3. RCW 64.90.365 (preexisting common interest communities)
  4. RCW 64.38.100 (homeowners association liens, notices of delinquency)
  5. RCW 64.34.364 (condominium association lien)
  6. RCW 61.24.143 (notice to residents of tenant-occupied property)
  7. RCW 61.24.146 (60-day notice to vacate for tenants)
  8. RCW 59.18.270 (security deposits, foreclosure)
  9. RCW 59.18.650 (just cause eviction)
  10. Chapter 61.24 RCW: Deeds of Trust
  11. RCW 61.24.031 (notice of default; beneficiary's duties; borrower's options)
  12. RCW 61.24.040 (foreclosure and sale; notice of sale)
  13. RCW 61.24.090 (curing defaults before sale)
  14. RCW 61.24.100 (deficiency judgments)
  15. RCW 61.24.163 (foreclosure mediation program)
  16. RCW 61.24.080 (disposition of proceeds of sale; surplus funds)
  17. RCW 6.23.020 (time for redemption from purchaser)
  18. Chapter 61.34 RCW: Distressed Property Conveyances
  19. Washington Department of Commerce: Foreclosure Fairness Program
  20. Washington Homeowner Assistance Fund
  21. RCW 61.24.165 (application of RCW 61.24.163)
  22. RCW 61.24.166 (federally insured depository institutions; exemption)