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N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9038
Experience:  I've represented both landlords and tenants.
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We have rented our home for seven years and our landlord was

Customer Question

We have rented our home for seven years and our landlord was foreclosed on first we received a thirty day notice then today we receive another letter that said oops we made a mistake you have five days to vacate what rights as tenants do we have. Do they still go thru the eviction process
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  N Cal Atty replied 2 months ago.

I am sorry to hear this.

In which State and town is the property located?

Customer: replied 2 months ago.
I live in phoenix az
Expert:  N Cal Atty replied 2 months ago.

Do you have a lease or is this a month to month rental?

Expert:  N Cal Atty replied 2 months ago.

Was any reason stated in the eviction notice?

Expert:  N Cal Atty replied 2 months ago.

Did the landlord ever notify you that the property was in foreclosure?

Customer: replied 2 months ago.
We have not been on a lease in four years so month to month I know that changes things and I fully understand we have to move what I really need to know is do they still go thru with the eviction process or do I really have five days to move this huge house
Customer: replied 2 months ago.
He didn't no but whom ever he borrowed money from did so I guess it was bank
Customer: replied 2 months ago.
Is that forclosure tenant act still in affect or did it end in 2014 because that could give us 90 days if still in effect
Customer: replied 2 months ago.
Isn't there some sort of motion I can file to prolong this or something
Customer: replied 2 months ago.
The reason in the eviction notice is the bank
now owns that's it
Expert:  N Cal Atty replied 2 months ago.

I am sorry but the 5 day notice does appear to be legal, according to

The Protecting Tenants in Foreclosure Act has expired.

33-1331C states that the failure of the landlord to give you notice of the pending foreclosure gives you a claim against the landlord under 33-1361.

You could file a demurrer to the complaint that would slow this down a little but you need a local attorney to assist you with that. You can try to negotiate for more time with the new owner, or try to negotiate a new rental agreement with the new owner. The banks already have a large inventory of vacant foreclosed properties so there is a chance the bank would allow you to keep renting this one. It cannot hurt to ask.

You can get a free consultation from some of the local landlord tenant attorneys listed here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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