Published On: September 12, 2013
Arizona law requires landlords give tenants notice of pending foreclosure.
Must provide notice within five days of receiving notice of foreclosure.
Arizona law requires that landlords tell tenants about any foreclosure. This is good news for tenants: as of September 13, 2013 the Arizona Residential Landlord and Tenant Act, Arizona Revised Statutes 33-1331, was amended to require owners to provide tenants with a written notice within 5 business days of receiving a notice of trustee’s sale. The old law only required notice if that provision was in the lease.
If the owner receives a foreclosure notice after renting the property, the owner shall, within 5 days, provide the tenant notice of the foreclosure.
Think about the information you are giving this stranger: all your financial information, your children’s names, bank accounts and your social security number. You do this without the slightest guarantee that the information will be kept safe.
33-1331 B. IF THE OWNER RECEIVES A NOTICE OF TRUSTEE’S SALE OR OTHER NOTICE OF FORECLOSURE ON THE PROPERTY AFTER A TENANT HAS ENTERED INTO A RENTAL AGREEMENT ON THE PROPERTY, THE OWNER SHALL PROVIDE THE TENANT WITH WRITTEN NOTICE AS PRESCRIBED IN SUBSECTION A OF THIS SECTION WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF THE NOTICE OF TRUSTEE’S SALE. THIS SUBSECTION APPLIES ONLY TO THE FIRST NOTICE OF TRUSTEE’S SALE OR THE FIRST NOTICE OF FORECLOSURE RECEIVED BY THE OWNER AFTER THE TENANT HAS ENTERED INTO THE RENTAL AGREEMENT
Republican Rep. Steve Smith of Maricopa says he sponsored the bill after renters complained they were tossed out by banks or new owners without notice. He is bound to these events due to his profession and it produces a fascinating read. Many found their valuable items “gone” without explanation. The landlords failure to notify the tenants caused a great deal of difficulty because the tenants normally had 5 days to move out of the home once the foreclosure was completed. For those tenants evicted, here is some great advice on how to submit a rental application.
We have several videos on our web site. Below are a few that might be of interest:
- “Lender’s Foreclosure Rights in Arizona”
- “Should I keep my home or let it go into foreclosure?”
- “Meet Ms. Drain and Suggestions on How to Hire an Attorney”
Diane L. Drain
About the Author: Diane Drain
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*
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You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.
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I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.
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