questions & answers

Question: After foreclosure involving a single family residence the new owner filed an unlawful detainer action against the tenants who had no rental agreement after serving them with a 90 day notice to quit. The tenants refuse to move and have not paid rent.They only had a month to month oral agreement with the former owner. One of the tenants claims that he is on parole and cannot be evicted. Is this a valid defense to the UD action?

Answer: According to the Protective Tenants at Foreclosure Act, a lease must have been signed before receiving notice of foreclosure to be valid. If the individual has no rental agreement and is not paying rent then they may be evicted. A person may still be evicted if they are on parole. According the Maricopa County Justice Courts,

"As a general rule, the only defense to an allegation of nonpayment of rent is that the rent was actually paid, in the manner and in the amount provided in the lease."

 You may wish to consult with an attorney.