Arizona Attorney General

Mark Brnovich

Tenants in Foreclosed Homes

Federal law requires that tenants in foreclosed properties receive a 90‐day notice prior to being evicted. Specifically, the new law requires that, in the event of a foreclosure, the new owner must allow tenants with leases to occupy the property until the end of the lease term. There are three exceptions to this rule:

  1. The lease can be terminated on 90 days notice if the unit is sold to a purchaser who will occupy the property.
  2. The lease has fewer than 90 days remaining.
  3. The tenancy is month‐to‐month or a tenancy at‐will, in which case the new owners must provide the tenant with 90 days notice prior to eviction.

If the new owner says you have to leave in less than 90 days, they may not be aware of the new law.If they attempt to evict you without honoring your lease or providing the required 90‐day notice, inform them by certified mail of The Protecting Tenants in Foreclosure Act, which applies to state eviction proceedings. Save the return receipt and a copy of the letter. Also, consider filing a consumer complaint with the Attorney General's Office here.

In addition, Arizona law requires landlords renting single family homes to notify people seeking to rent the property of any pending foreclosure action before signing a lease agreement or within five business days of when the landlord receives notice of the action if the tenant is already renting the property. For additional information, see Arizona Revised Statute §33-1331.