I live in Arizona. Our landlord dissolved our lease in Sept allowing us to live here free as the home was preforclosure. If it had foreclosed we would have had 30 days from sale to move. Now buyer's realtor brutally tells me we have no rights we need to get out tomorrow, with no notice! We don't have the finances or resources to move or any place to go. We weren't expecting to have to vacate until the 1st of February as the last we heard the house was in forclosure. Do we have any rights?
2007-12-19 14:48:48 · 9 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
The last notice we had was from the foreclosure attorney who told us we had to be out in february, this is what we budgeted for, now with the holidays we find ourselves in a bind. Buyer's agent told us they don't owe us anything it was the landlord or his agent that didn't follow thru.
2007-12-19 15:13:48 · update #1
Yes, but there are squatter's rights as well. Even a non-payer of rent with a lease is difficult to just kick out.
Try to negotiate politely via email, snail mail, or some other readily documentable form.
Here, call this number, its from the link above, there is not much else that is relevant to your particular situation on that site:
Community Information and Referral Services statewide, 24-hour, bilingual help line (602) 263- 8856 or 1-800-352-3792.
2007-12-19 14:57:51 · answer #1 · answered by 2007_Shelby_GT500 7 · 0⤊ 1⤋
Sorry to tell you this. But knowing you where in a house that was being foreclosed on. The bank will just kick you out period no notice nothing. The lease you had with the old owner is now gone you have no lease and no legal right to be there. If there is a agent fro a new home owner. Then this was not a formal foreclosure. Then you have rights. Go to an attorney. and check out how the home was transferred. If it was indeed foreclosed on and the home was up for auction the bank would of kicked you out a long time ago. Something is fishy here. Next time realeste agent tells you this tell him to put it in writing.
2007-12-19 23:10:37 · answer #2 · answered by Big Deal Maker 7 · 0⤊ 1⤋
Technically, you don't have a legal right to be in the property unless you have a written agreement that says you are entitled to 30 day notice of intent to remove/vacate that would have to be honored. However, they can't really do anything to force you to leave (the buyer's realtor definitely can't do anything). They would need to serve you with a notice of eviction/removal and go to court to get you out there which buys you time. When you go to court, you notify the judge your intent to leave and request a certain timeline (usually no more than 30 days). The judge will then determine to allow it or not. It is illegal for them to change locks, turn off power, etc.
So it isn't exactly the best way to go about it, but at least it buys you and your family time to get things in order.
2007-12-19 23:20:38 · answer #3 · answered by f1scrilla 2 · 2⤊ 1⤋
considering all the answers and they were candid, however the law is the law whether you 'have in hand or not' a rental agreement. They have to give you an unlawfull detainer action or an FED to notify you of a court action in progress.
some states have 30 & some 60days notice to evict, if you're a resident over a yr, you may have 60days or more to get notices.
don't let attnys or LL's ppush you around even if you made a bad deal in the beginning.
when push comes to shove, the big attnys have to give you legal notice b4 you have a judge tell you to move and that will take time which you have on your side.
you may have been on easy street for a while, but it will all come to an end eventually...use your time wisely and don't let moss grow under your feet...it will, alll end soon.
2007-12-19 23:58:44 · answer #4 · answered by ticketoride04 5 · 1⤊ 1⤋
You have been living there FREE knowing the house was going to be foreclosed and you do not have then money to move?!?!?!?!!?
You're kidding.
I doubt it. You had an agreement with the former owner (which you state was terminated) not with the current owners. Furthermore, you were not paying for the last 4 months. If you were paying rent you might be able to claim some type of verbal agreement, but you were living there FREE.
2007-12-19 22:55:19 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Check with the County you live in. Find the housing authority, legal aid, or anyone that might be able to advise you as to whether or not Arizona has a landlord-tenant act that might have some answers for you.
2007-12-19 23:00:16 · answer #6 · answered by tampabaycreditdoctor 3 · 0⤊ 1⤋
Start looking IMMEDIATELY. You've been given verbal notice to vacate and I'd guess that written is going to follow shortly. AZ has an unusually short ten day notice of termination and vacation of premises.
If you start looking now, you should be able to find new accommodations before the sheriff arrives to put you on the street physically.
2007-12-19 23:18:17 · answer #7 · answered by acermill 7 · 2⤊ 1⤋
Boy, that is harsh! I never heard of 1 day notice. Call the local district attorney's office or legal rights office and ask them what your rights are.
2007-12-19 22:53:25 · answer #8 · answered by duffie_1999 6 · 0⤊ 1⤋
This is kind of a dangerous situation your in. But contact a lawyer. I sure he can not up and kick you out. Check out the website below.
2007-12-19 22:54:32 · answer #9 · answered by Anonymous · 0⤊ 1⤋