Renting a home that was foreclosed in Arizona: your rights

Your rights as a renter in Arizona, in order

1. Your landlord must warn you

   Within 5 business days of the first sale notice

   If your landlord gets a notice of trustee's sale or other foreclosure notice after you sign your lease, it must give you written notice within five business days, naming who to contact and the sale date if one is set. A new lease signed during a foreclosure must include this notice. This rule does not apply to buildings with four or more connected units.

   A.R.S. § 33-1331(A), (B), (D)

2. If your landlord did not tell you

   After you learn of the foreclosure

   If the landlord fails to give this notice, you may deliver a written notice under Arizona's landlord and tenant act and recover damages and ask for an injunction. The statute also says your security deposit must be returned under the normal deposit rules.

   A.R.S. §§ 33-1331(C), 33-1361

3. Federal 90-day floor

   At least 90 days after written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before the move-out date, and a lease signed before the foreclosure usually runs to its end unless the buyer will live there. A bona fide tenant is not the former owner's child, spouse or parent and pays close to market rent unless a subsidy lowers it. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); Pub. L. 115-174 § 304

4. Section 8 voucher holders

   After the sale

   If you have a Section 8 voucher, the new owner takes over your lease and housing assistance contract. It can end the lease early only if it will live in the home and gives you at least 90 days' notice. Call your housing authority and legal aid.

   42 U.S.C. § 1437f(o)(7)

5. Ask who to pay, and get it in writing

   As soon as ownership changes

   Arizona requires the names and addresses of the manager and an owner or agent to be kept current and given again on your request, and that duty applies to any successor owner or manager. Ask the new owner in writing and keep a copy. Keep paying rent as your lease requires and keep proof of every payment.

   A.R.S. § 33-1322(A), (C)

6. Your security deposit

   14 business days after move-out and your request

   Whoever holds the landlord's interest when your tenancy ends is bound by Arizona's deposit rules. Within 14 days, not counting weekends and holidays, after you move out and ask for it, the landlord must send an itemized list of deductions and any refund.

   A.R.S. § 33-1321

7. A written demand and a court case

   Before you can be removed

   After a trustee's sale, the new owner must give a written demand for possession and then file a forcible detainer case with the court. That remedy does not affect a lease that is senior to the interest that was sold. A lockout or a willful utility shutoff can cost a landlord up to two months' rent or twice your actual damages, whichever is more.

   A.R.S. §§ 12-1173.01, 33-1367

Common questions in Arizona