Foreclosure

questions & answers

Question: Since 2010 I've lived at a home in mesa az. Recently my friend gave her home back to bank/ reverse mortgage and lien on it from IRS.She moved out to Missouri in july or first of aug 2013.I still am in the home whike she knew this she broke thru a window and hsrassed me.I called police they said she has a right to come in and change the locks.what legal rights do I have I pay utility bill at the resident.the mortgage company said it is in foreclosure so I need to know my rights

Answer:

A person's rights as in a particular living situation will depend on his or her status as a tenant and whether there is a lease agreement.  In most standard landlord-tenant relationships with a lease or on month-to-month tenancy status, the Arizona Residential Landlord Tenant Act (ARLTA) will apply.  If the living situation falls under the ARLTA, then the Protecting Tenants at Foreclosure Act will also apply, which requires sufficient notice.  There is generally no tenancy or living situation which is guaranteed forever, at the end of every lease the landlord or tenant may give notice that the tenant will no longer continue renting; in situations where there is no lease either the landlord or tenant may provide notice that the tenant will move out.   

Once it is determined what type of tenancy the living situation is, then it will become clearer what rights a tenant in a particular case may have.  Generally there may be no right to continue dwelling in the house in question, unless there is a lease, however the tenant may have certain rights as it pertains to receiving sufficient notice.

For legal advice on how the law applies in a specific situation, contact an attorney directly. 

Comments:

QUESTIONS

  • Since 2010 I've lived at a home in mesa az. Recently my friend gave her home back to bank/ reverse mortgage and lien on it from IRS.She moved out to Missouri in july or first of aug 2013.I still am in the home whike she knew this she broke thru a window and hsrassed me.I called police they said she has a right to come in and change the locks.what legal rights do I have I pay utility bill at the resident.the mortgage company said it is in foreclosure so I need to know my rights

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