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Trustee Sale And Tenant/landlord Resposibilities

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Trustee Sale And Tenant/landlord Resposibilities

Postby Dervon » Sun Dec 04, 2016 12:21 pm

background, I have a house in Goodyear, AZ and it was put on Trustee Sale.  I have been working with the bank on a loan modification, it's taking a long time.  There is a tenant there that their 1 year lease agreement ended in February and we have not renew it.  The property manager was fired in March for embezzlement, there is a lawsuit against her as well as a formal complaint with the AZDRE.

questions: It is correct to assume that the tenant became a month-to-month since we did not write a new lease? As a month-to-moth she still has to give me some notice if they were to leave the house.  I served them a Five Day Notice via certified mail on 05/19. They emailed me telling me that they are not going to pay May's rent and that because of the foreclosure i am forcing them to move.  They also claim that they do not need to pay rent since the record of the sale back in December.  The bank finally postponed the sale to July. I've read a lot about tenant/landlord laws and didn't see anything stating that if there is a trustee sale schedule I have broken the lease.  They also assume they don't have to pay rent because of the trustee sale.  As of today they have still not given me formal notice of them moving out, except for the e-mail stating that i am forcing them out due to the impending sale(originally scheduled for 5/25/10).  I am about to send them a letter demanding they set a move out date, a walk-through and return of the keys, but i don't want to break any laws.  They are been evicted for non-payment of rent.  From my research I've found out that they could have stayed at a minimum 90 days after a Trustee Sale.  So from my point of view, they are breaking the lease by moving out.  I just want to make sure that they don't damage the house out of spite.  Their e-mail to me on was not particularly cordial.  

After the Five Day notice, what is the next step?

thanks.
Dervon
 
Posts: 36
Joined: Wed Jan 01, 2014 10:17 pm

Trustee Sale And Tenant/landlord Resposibilities

Postby pembroke » Mon Dec 05, 2016 6:10 pm

You have done good research.  They are on a month to month since a new lease was not signed.  If the lease was drafted before notice of the trustee sale they would be bound to honor the lease and pay rent. After 5 day notice is sent find out which court is handles that area and file a forcible detainer which will take about 10 days to get a court date.  Why are you going through all of this if the house is going bye, bye?  I would just tell them to stay and keep the house in good condition.  The bank will contact them after the sale and pay them to leave provided the house is in decent shape.  I would of also tried to work with them on lowering the rent while the house was in foreclosure and tell them I was going to let it go but would lower the rent 50% while the process plays out. Now it sound ugly.  I would still try and work something out with them and explain the situation.  If not evict them.  
pembroke
 
Posts: 47
Joined: Wed May 22, 2013 12:52 pm

Trustee Sale And Tenant/landlord Resposibilities

Postby Fulumirani » Tue Dec 06, 2016 11:12 am

background, I have a house in Goodyear, AZ and it was put on Trustee Sale.  I have been working with the bank on a loan modification, it's taking a long time.  There is a tenant there that their 1 year lease agreement ended in February and we have not renew it.  The property manager was fired in March for embezzlement, there is a lawsuit against her as well as a formal complaint with the AZDRE.

questions: It is correct to assume that the tenant became a month-to-month since we did not write a new lease? As a month-to-moth she still has to give me some notice if they were to leave the house.  I served them a Five Day Notice via certified mail on 05/19. They emailed me telling me that they are not going to pay May's rent and that because of the foreclosure i am forcing them to move.  They also claim that they do not need to pay rent since the record of the sale back in December.  The bank finally postponed the sale to July. I've read a lot about tenant/landlord laws and didn't see anything stating that if there is a trustee sale schedule I have broken the lease.  They also assume they don't have to pay rent because of the trustee sale.  As of today they have still not given me formal notice of them moving out, except for the e-mail stating that i am forcing them out due to the impending sale(originally scheduled for 5/25/10).  I am about to send them a letter demanding they set a move out date, a walk-through and return of the keys, but i don't want to break any laws.  They are been evicted for non-payment of rent.  From my research I've found out that they could have stayed at a minimum 90 days after a Trustee Sale.  So from my point of view, they are breaking the lease by moving out.  I just want to make sure that they don't damage the house out of spite.  Their e-mail to me on was not particularly cordial.  

After the Five Day notice, what is the next step?

thanks.
Fulumirani
 
Posts: 42
Joined: Thu Jan 30, 2014 7:09 am


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