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I was renting my friends condo and today was the trustee sale and it was sold. When do i have to move?

Mesa, AZ |

I live in Arizona.

The new owner came by and asked when we could leave. When i said i didnt know but maybe about 8 weeks, since we are actually in the process of purchasing our own home, he said he could not work with that, and that he could do two weeks. What can I do? How long can i legally stay? I even offered to pay rent, but he said no.

Thanks in advance :)

Attorney Answers 2

  1. The Protecting Tenants at Foreclosure Act provides that if you have a bona fide lease or tenancy (the tenant is not the mortgagor or the parent, spouse, or child of the mortgagor; the lease or tenancy is the result of an arms-length transaction; and the lease or tenancy
    requires rent that is not substantially lower than fair market rent), you do not need to move out at all. The parties who purchase at foreclosure sales are counting on you not know about this federal law.

    Accessing this website or receiving an electronic transmission from Nagle Law Group, P.C., or any specific attorney at Nagle Law Group, P.C., does not create an attorney-client relationship or any other duty on the part of Nagle Law Group, P.C. An attorney-client relationship is only created upon an express agreement with an attorney at Nagle Law Group, P.C.

  2. Mr. Nagel is right that you may not have to leave, but you also need to be able to demonstrate the terms of your lease. Do you have a written lease for the condo? How long of a lease is it? Is it for a set time or is it month to month?

    Since your new owner has tried to force you out verbally, I would recommend sitting down with a local real estate or landlord/tenant attorney so that you can write an appropriate letter back to the new owner explaining your ability to stay in the house and the terms of the lease you expect him to live by.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.

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