I paid a nonrefundable pet fee of $300, however the rental house was just foreclosed.

Real Estate 1 views 2 answers
As the new laws state the bank must assume the lease, wouldn’t the old landlords have to refund the 300 pet fee as well as deposits and on top of that pay back rent for the three days they collected when the no longer owned the property? Would this money rightfully belong to the bank?

Attorney Answers

2
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
You describe the pet fee initially as "nonrefundable". You can ask them, but it might not be worthwhile trying to go much further with it. One place where you might find help about it would be the following: Legal Action Center 100 23rd Avenue South Seattle, WA 98144-2302 (206) 324-6890 [If this information has been helpful, please indicate below by pointing and clicking on the "thumbs up" symbol. Please note: I'm only licensed to practice law in the State of Washington. This communication does not constitute legal advice, nor does it form an attorney-client relationship.]
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Elizabeth Powell ·
The RLTA actually requires the old landlords to hand the trust funds over to the new landlord (the bank). It is not my experience that is happening. The old landlord has no duty to refund money to you because you still live there. And arguably you could go after them for three days rent, but it would be more appropriate to sue the old landlord for breaching the covenant of quiet enjoyment by allowing the property to be foreclosed. Sadly, most landlords who do this don't have any assets for you to go after, so it isn't worth it. The remedy imposed by the Senate in May 2009 is that you are entitled to stay in the property you rent for the remainder of your lease (paying rent to the new landlord) -or- you can stay for 90 days and in my opinion, if they have to give you 90 day's notice, you cannot be evicted on a 3-day. Google P.L. 111-22, see what you think. It is one page. Hope this helps you. Elizabeth Powell
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