Eviction

questions & answers

Question: If I signed a lease and the landlord did not disclose important information about the house being in foreclosure and he's filed bankruptcy what are my options?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), if the owner of a dwelling that is already subject to a foreclosure action wishes to rent that dwelling to a tenant, then the owner of the property is required to include with the rental agreement a formal written notice of possible foreclosure. If the owner receives notice of foreclosure on the property only after a tenant has rented the dwelling, then the owner of the property is required to notify the tenant within 5 business days (A.R.S. 33-1331). If in either situation the owner of the property fails to provide the required notice to the tenant, then the tenant may deliver to the landlord written notice (in the form of a signed and dated letter) describing this “material noncompliance” with the rental agreement by the landlord and stating that the rental agreement will terminate without penalty on a specified date at least 10 days after the landlord receives this notice if the problem is not remedied within that period (A.R.S. 33-1361). The tenant may also be eligible to recover any monetary damages suffered by the tenant due to the landlord’s noncompliance.