If I am the tenant and my landlord is in arrears on his HOA fees am I protected from eviction if I pay the HOA?

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If I am the tenant and my landlord is in arrears on his HOA fees am I protected from eviction if I pay the HOA?

The homeowner signed a clause in his condominium agreement that says the HOA can take the rent from the tenant if the homeowner does not pay. The HOA presented me, the tenant, with a letter demanding payment of my rent to them for 3 months. It appears that this state has a law protecting the tenant from eviction by the homeowner (for non payment of rent) if I pay the HOA instead of the landlord. Might I still be evicted, even though I have paid my rent? If I don’t pay the HOA, can they evict me too?

Asked on March 8, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not pay the HOA fees you cannot be evicted from the rental that you occupy. Before you decide to pay some of your rent owed the landlord to the HOA, I suggest that you get some agreement signed by the landlord allowing you to do so. The last thing you want is a situation where you pay part of your rent to the HOA and the landlord then claims that you underpaid for rent.

To be on the safe side, you might consider consulting with a landlord tenant attorney.


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