Foreclosure

questions & answers

Question: As a renter in a property that is going up for sale on 4-22-08, how long do I have to move and find a place to live? The owner will not return my phone calls or my money?

Answer:

Tenants in Arizona do have a right to specific notice periods prior to the termination of a lease. The length of notice depends on the length of the lease, the type of lease and whether the lease is in writing.

If there is a written agreement and the term of the lease have ended then typically no notice is required unless the tenant has continued to rent the premises beyond the term of the lease. For example, the tenant now rents the premises from month to month. The notice requirements are set out in A.R.S. 33:341.

If the premises are rented on a monthly basis then ten (10) days written notice is required from the landlord. The time limits are different if the rental unit is a mobile home.

If the property is being sold the lease may continue depending on the terms of the written lease. Many times properties are sold and the new owners continue to rent to existing tenants. A tenant in this situation should review the terms of any written lease that may exist. Usually the terms of the lease need to be followed by both the landlord and the tenant. It would be best to discuss the matter with the landlord. If the landlord is unavailable then the realtor listing the property is the landlord’s agent and can be contacted to obtain additional information.

If the tenant decides that the lease is a month to month tenancy and the tenant would like to terminate the tenancy rather than waiting to find out what the Landlord or new owners may plan to do with the property. The tenant should give the landlord ten (10) days written notice of the tenant’s termination of the lease.