Foreclosure

questions & answers

Question: The home we are renting is set to go to Trustee Auction at the end of this month. The "Protecting Tenants at Foreclosure Act" expired 12/31/2014. What are my rights as a tenant now that this has expired. Can I be evicted without notice..do I still have to receive ample notice if the new owner wishes to occupy the home?

Answer: Arizona (primarily non-judicial foreclosure through power of sale in deed of trust) Disclosure of Foreclosure to Prospective Tenants (Ariz. Rev. Stat. Ann. § 33-1331) Arizona requires a landlord to notify prospective tenants if the property is being foreclosed upon. If the owner fails to comply, the tenant may recover damages and seek injunctive relief. The law does not cover multifamily properties of four or more units. Pre-Foreclosure Sale Notice to Tenants (Ariz. Rev. Stat. Ann. § 33-1331) Arizona requires a landlord to notify existing tenants of a pending foreclosure sale. If the owner fails to comply, the tenant may recover damages and seek injunctive relief. The law does not cover multifamily properties of four or more units. (http://nhlp.org/node/1341#arizona)

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QUESTIONS

  • The home we are renting is set to go to Trustee Auction at the end of this month. The "Protecting Tenants at Foreclosure Act" expired 12/31/2014. What are my rights as a tenant now that this has expired. Can I be evicted without notice..do I still have to receive ample notice if the new owner wishes to occupy the home?

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