Foreclosure-Tenant rights

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Foreclosure-Tenant rights

Hi, I just want to find out what are the tenants rights when you rented a home from the owner, have been paying the monthly rent on time and the house goes into foreclosure? The owner, we have never met. He works with a real estate agency where we send our rent to and they informed us that they were terminated from the landlord as of May 30th and the home is to go into foreclosure on the 23rd of June. I did not feel that we had to pay rent for the month of May until the agency put a eviction notice on the garage and made us pay. Is there anything I am missing as this is my first home and I

Asked on May 19, 2009 under Real Estate Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not an Arizona lawyer, and you might want to speak with an attorney in your area about this.  One place to find counsel is our website, http://attorneypages.com

The fact that the property is going into foreclosure doesn't give you the right to live there rent-free.  It does mean you need to be careful, and that it might be wise to start packing your things now.  Being careful includes paying attention to any and all mail you get, and notices that might be posted on the property, and getting a written and signed receipt for each rent payment you make from here on.  It's possible that the lender who is foreclosing on the house will decide it makes sense to let you keep renting the property, at least for a while, and you should be able to find some information at the courthouse or the sheriff's office about who that lender is.  If June 23d is the sale date, then you might want to keep tabs to find out who is the buyer.


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