Legal Question in Landlord & Tenant Law in Arizona

I have a landlord who hasnt paid her mortage because she says she is negotiating her intrest rate but people are comming and taking pictures of the property. I checked the county recorders office and the place is up for auction on 10/16 and she never disclosed any of this information to us. She continues to rent to other people on her other properties. I dont know what to do if the place is auctioned off where would my family go. What responsiblities does she have to tell us and can we sue if she rented to us knowing that the place was in forecloser and signing a year lease that cant be fulfilled on her behalf?


Asked on 9/24/09, 5:22 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Practical suggestions:

1. Start looking for a new place to live.

2. Talk (not e-mail, not text) to the landlord in person or over the phone about your concerns and what you've learned.

3. Follow up your conversation with the landlord with a written letter (not e-mail, not text) that restates and reviews what both of you talked about. Send the letter to the landlord by certified mail with green return card.

4. If you feel you need to leave, give your landlord written notice that you wish to end the lease early and explain exactly why. Mail to the landlord by certified mail with the green return card, mail a second copy by regular first class mail, and be sure to keep a copy for your records.

5. You might want to gather up your copy of the lease and all other documents, proof of rental payments and put them together in a drawer or folder, just in case you need them.

As for future possibilities, you can monitor what happens at the auction. You would be able to work with a new landlord, if there was one. A new owner would normally welcome a tenant who is already in place & paying rent.

Per your zip code, you appear to live in Maricopa County. I work in Cochise County and would not be able to represent you in court. You might want to consult with a local attorney.

Good Luck,

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Answered on 10/06/09, 3:20 pm


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