Eviction

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.

QUESTIONS

  • 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?

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