Foreclosure Article
Renting a Foreclosure
1. Can I rent a property that is in foreclosure?
Yes, but the landlord must provide a written notice of the foreclosure with the rental agreement.
2. What happens if while I am renting a house the property goes into foreclosure?
If you are renting house and the property goes into foreclosure the landlord must notify you. In fact they must provide you with written notice within 5 business days of the first notice of trustee sale.
3. Is there a specific form that I need to use to notify a tenant?
Arizona Revised Statute 33-1331 provides a format for how a landlord should set up this information but it is not necessary to use this exact format. The format is as follows:
This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party).
A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.
4. What happens if the owner fails to provide notice?
If a landlord fails to notify their tenant in writing within 5 business days the tenant may terminate the lease and recover their security deposit. It is also possible to obtain injunctive relief and money for any damages the tenant may have.
5. As a tenant can I just leave the property if I am not notified properly?
No, a tenant must deliver written notice stating how the landlord breached the agreement and that the rental agreement will end on a specific date. The end date must be at least 10 days after the letter is delivered.
6. Does this apply to apartment complexes?
No, these laws do not apply to apartment complexes or other multifamily residential complexes that have more than four units.
Updated: February 24, 2017
Comments:
QUESTIONS
-
In 2003 I losa a home to foreclosure.There was over 40,000 of equity in my home. After all debts & liens were paid off,10,000 in excess proceeds was put with the State Treasury of Arizona.How do I go about getting my money back from them?
-
I live in a house at my parents on their both deceased and I want to file bankruptcy on the house I'm only the void foreclosure can I do this legally
-
After my foreclosed property has been auctioned, how much time do I have to remove personal property?
-
my loan servicer is part of the independent foreclosure review and im confirmed for compensation can I take legal action for things such as lost wages and early retirement withdraw fees and tax penalties I have detailed documentation foreclosure happened in 2010.
-
I rented a property and signed the lease april 2012. I moved in june 2012, I recieved notice the property was going to be sold in auction in october, 2012. can i recover my deposit
-
If your home goes to foreclosure, how may years do you have to wait before you can buy a home again?
-
I have a trustee sale date on my house 10/10/2013. Have a review for the Dept. of Justice modification still in review. Have had 9+ letter/certificates from (Proper name redacted) , paperwork has been filed with the maricopa County Recorders office as well of Foreclosure listed on my credit report. I am job hunting as well and many employers put in requirements a credit check so this makes it even more difficult for employment. I want to keep my home and receive an "affordable" modification ,not one which is higher than my original payment. Please advise help for me. Thankyou...
-
I bought a house back when the housing market boomed and at the time had a decent job that can pay for the mortgage. A year and a half later my contract ended for the job and now can't afford the mortgage. I am wondering if it's possible to do a short sale with a good amount of savings in the bank? I have 2 mortgages with 2 different lenders. I just don't want to deplete my lifetime savings before I do a short sale. I haven't missed a payment.
-
My condo trustee sale was last week-some realtor c=offered me cash for keys-how long do i have if I don't take this offer?
-
The question concerns anti-deficiency laws in Arizona (non-recourse state) in regards to foreclosure? I am trying to determine if they are different for owner-occupied and non-owner-occupied residences in Az? If there is a deficiency in the foreclosure, can I be sued as a non-occupant owner for a deficiency.
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Sandra Day O’Connor College of Law, Civil Litigation Clinic
View full description - Volunteer Lawyers Program - Mohave County
View full description - William E. Morris Institute for Justice
View full description - DNA- People's Legal Services - Fort Defiance
View full description - Arizona Secretary Of State
View full description
RELATED ARTICLES
Avoiding Foreclosure of Your Home
Predatory Lending Schemes and Scams
Information for Homeowners Facing Loss of a Home
Where to Find an Attorney for Specific Legal Advice
Loan Modification Frequently Asked Questions
The Mortgage Forgiveness Debt Relief Act and Debt Cancellation
Horne Issues National Mortgage Settlement Consumer Alert to Arizonans
WHAT IF I RENT A HOUSE THAT'S IN FORECLOSURE - The Protecting Tenants at Foreclosure Act
FORECLOSURE DEFICIENCIES IN ARIZONA: Will I still owe money after a foreclosure?
Where can I find legal help with a foreclosure?
Will bankruptcy save my home from foreclosure?
Mortgage Reaffirmation Requirements Bogus
Recovering Excess Proceeds After Foreclosure of Your Home
