questions & answers

Question: I recently rented a house from an individual. To my surprise, after paying all the rent for first month, is that the person I rented this from has signed a relocation agreement with the bank and forced us out of the household in less than a month. Under what statues am I able to pursue this individual? The lease still has 5 months left in contract and we've since been locked out of the household and the landlord has taken a few appliances and other belongings. Thanks in advance!

Answer: As you may know, there are certain protections in place for a tenant in a foreclosure scenario. However, if the bank did not know about the situation, the bank likely has no liability. However, if the landlord rented to you knowing that he or she had already signed a relocation agreement, he or she may have committed fraud. Fraud is a common law claim/cause of action based on a false and material (important) representation that is made to induce someone to take or refrain from taking some action, that you actually took or refrained from taking that action, that you were reasonable in doing so, and that you suffered damages as a result. Based on what little I know about your situation, it may be that you have a viable fraud claim against the former landlord. You should consult an attorney to assist you in pursuing this claim as it is required to be pled a very specific way under Arizona law. Please note that I am providing general information based on the limited information that I have. I am unable to provide specific legal advice, and we have not entered into an attorney-client relationship.