Foreclosure-Tenant rights

UPDATED: May 19, 2009

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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


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

Answered 13 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,

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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