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-   -   What makes a tenant? (https://www.askmehelpdesk.com/showthread.php?t=207224)

  • Apr 18, 2008, 11:16 AM
    CarlyTD
    What makes a tenant?
    I have a friend who lives in a building in Washington State, with no lease, and in exchange for rent, acts as the caretaker of the building. The building is being sold or transferred. Is my friend considered a tenant (she has lived there for 18 months) and does the new owner need to provide any notice that she needs to vacate?

    Can the new owner shut off utilities while she is still living there?

    Thanks
  • Apr 18, 2008, 12:58 PM
    Alias652
    I'm not familiar with the legal process in Washington state, but I suspect that unless she's an owner of the building, whoever the building is being transferred to can legally determine who stays and who goes, including but not limited to your friend. A tenant is defined by someone who rents OR OCCUPIES space. So, yes, your friend is considered a tenant in that building, just with the absence of a lease. At least in the state of California, tenants can legally be evicted if the apartment building is being converted to condominiums or a family member wants to take over the unit. I imagine similar laws exist. A legally binding lease agreement can't be broken or, technically, is protected by the law and must be honored. But if there's no contract protecting your friend, the new owner isn't breaking any existing arrangements. From what you tell me, your friend is a tenant without the protection of a contract. None the less, the new owner also has rules that he or she must follow. An allotted time must be granted for existing tenants in that building. Usually a legal eviction notice is given. Certain features must exist on a legal eviction notice, though, and what those are in the state of Washington are unknown to me. Your friend can go to the Tenants' Right and find out from the Board of Tenants what those exactly are. For example, in California, there are a number of reasons a tenant can be evicted. A legal eviction notice must contain reasons within those lists. It can't just state, you have to be gone. If a notice isn't presented legally, you don't even have to abide by it because it isn't legally enforced. Well, that's how it works in California. Again, I imagine the same rules exist in Washington state. I suggest doing a Google search to find out relevant information in your state.
  • Apr 18, 2008, 02:44 PM
    Fr_Chuck
    Yes they are a tenant, they are also an employee. So they will have to be notified that their job is ending and a notice that their rental is ending

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