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?

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:

---

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.