Foreclosure

questions & answers

Question: The house I am renting is about to go into foreclosure. My landlord wants to remove the storage shed, window wrought iron around the home as well as the sun lights. Is this legal? What are my rights?

Answer: In May 2009, President Obama signed into law the Protecting Tenants in Foreclosure Act (S.896, P.L. 111?22). This federal law, which has already taken effect nationwide, extends protection to tenants in foreclosed homes. The new law requires that tenants in foreclosed properties receive a 90?day notice prior to being evicted. Specifically, the new law requires that, in the event of a foreclosure, the new owner must allow tenants with leases to occupy the property until the end of the lease term. There are three exceptions to this rule: 1. The lease can be terminated on 90 days notice if the unit is sold to a purchaser who will occupy the property. 2. The lease has fewer than 90 days remaining. 3. The tenancy is month?to?month or a tenancy at?will, in which case the new owners must provide the tenant with 90 days notice prior to eviction. Refer to the lease and the landlord/tenant act regarding the removal of the storage shed, and wrought iron. A copy of the Arizona Landlord Tenant Act may be found at: http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf For further information, contact the Department of Housing: 602.771.1000.