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Tenants get 60 days’ notice after a trustee sale

RCW 61.24.146(1)

In plain words

If you rent a home that is sold at a trustee sale, you must get at least 60 days’ written notice to vacate before you can be removed. You can still be evicted sooner for waste or nuisance.

Who is protected

Residential tenants and subtenants in Washington properties sold in foreclosure.

When it applies

  • Only in Washington.
  • Only after the foreclosure sale.
  • Only if you rent the home.
Check whether it applies to you

What you can do

  • Put the deadline on your calendar

    Enter the date on your notice so Techoclaro can count the days and remind you.

    Open the tool
  • Send your lease to the new owner

    Keep paying rent and keep proof.

  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • Federal law may give you longer; waste or nuisance are exceptions.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawTenant notice after foreclosure

    RCW 61.24.146(1)

    Exact part: (1)

    What it says: Tenants must get 60 days’ written notice to vacate after a foreclosure sale.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner lostSame topic
    Milton v. U.S. Bank National Ass'n

    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)

    an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced

  • Homeowner lostSame topic
    BFP v. Resolution Trust Corp.

    BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)

    the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code

Related rights

State lawVerified Sep 23, 2026

Right to be contacted first and to 120 days’ notice of sale

RCW 61.24.031

Before a notice of default on an owner-occupied home, the lender must contact you (or try diligently) about options. If you respond within 30 days, you get 60 more days to meet before a notice of default. When that pre-default letter was required, the notice of trustee sale must be recorded and sent at least 120 days before the sale.

Read this right
Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

Read this right
Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

Read this right
State lawVerified Sep 23, 2026

No deficiency after a trustee sale of your home

RCW 61.24.100(1)

For consumer loans, after a nonjudicial trustee sale the lender cannot get a deficiency judgment against the borrower or grantor. A deficiency is possible only in a judicial foreclosure or in limited cases such as commercial loans or waste.

Read this right
State lawVerified Sep 23, 2026

Right to surplus funds deposited with the court

RCW 61.24.080(3)

If the trustee sale brings more than the costs and the debt, the trustee must deposit the surplus with the superior court clerk and send notice to people with an interest. Former owners can then ask the court to release the money.

Read this right