Luckily, you are currently on a month to month lease since your original lease expired in March of 2008, assuming your lease was for a year. A simple 30 day notice will get you out of the house. Unfortunately, I doubt your deposit will be returned, not because you don't deserve it, but because its likely in the hands of someone who is not making their mortgage payments. I had a client who was in the exact same situation as you. What I found is that AZ has no safeguards for renters of foreclosing properties. Renters are basically not protected. The bank can't rent you the property after they foreclose because they are obligated to get the property off their books. They are not obligated to give you the refundable deposits because they never got them from the previous owner. Your only recourse to get your deposits back is to take the owner to small claims court. Even if you win, you have to figure out how to collect. I doubt the owner will cut you a check as the gavel is struck. As for showing the house, have the listing agent put the property manager's number on the listing, then have the property manager contact you for the showing. Your obligation is to the property manager for allowing entry, not the listing agent. This will make it more difficult to show since property managers are generally slow about most things. Also, property managers generally don't work on weekends so its unlikely that you'd be called to set up a showing. Lastly, stick to your 48 hour notice right. This all may sound a little harsh, but keep in mind that you shouldn't have to give up your rights when your landlord is putting you thru the ringer with no compensation for the trouble.

Sidney,

Chances are that either the home will be foreclosed on, or an investor may purchase it. You need to decide if you want to wait for that decision, or if it would be better to just get out now and find another place to live. I'm also in agreement with what Carlos said, and it would be best to give the 30 day notice.

I realized that nobody offered to help you find another rental, so if you go that route, please feel free to contact me. I have recently helped two other renters find a new home.

Hi Sidney,

More than likely, if the home is in pre-foreclosure, the sellers are attempting to sell the home for less than what they owe on the property. They may have an interested investor, but any bank who is considering selling for less than what is owed on the property will require the home be actively listed for sale. This is called a "short sale", or at least an attempt to do one! I would contact the listing agent and find out the status of any offers, etc. Have you considered attempting to purchase the home yourself? There are loan programs out there that may allow you to purchase a home with little money out of pocket. This could be a great opportunity to get the home below market value and not have to move....and stop making someone else's mortgage payment! I can help you submit an offer, there is no risk or obligation or financial committment on a short sale until the bank accepts.

I know showing the property is a huge inconvenience and is very disruptive to your family's life....but if the trustee sale is scheduled for less than a month from now, you won't have to put up with this for very long. Do you want to stay in the home? Regardless of who is attempting to purchase the home, the reality is that the bank may not accept a short sale offer and the home may foreclose. To cover yourself, I would follow Carlos' advice and give 30 days notice immediately. You can always stay if the home does not foreclose, even though you gave notice. Also, landlord/tenant law requires 48 hours written notice FROM the landlord/mgmt co, NOT the other agents! I would let the listing agent know that you are not interested in scheduling appts with potential buyers/agents, that is his/her job.

If you cannot buy right now, or simply do not want to buy, I work with a company that will have an investor purchase the home of your choice that you can do a lease for two years with the option to purchase. If making a purchase or doing a lease option is something that you are interested in, please contact me. I wouldn't worry too deeply about the references or deposit refund for getting into a new home. The property management co. has to follow the rules like anyone else. As long as you have paid your rent on time and give 30 days notice, you should be in the clear for any new rental.

It sounds like you are going to need to find a new place to live.

I would give Andy Hull a call. He is an attorney that handles tenant/landlord matters. His website is: http://www.doctorevictor.com....or google his name. He's located at 3rd and Bethany Home Road in Phoenix. Landlords are held to a standard of care.....his website is also chock full of good and useful information.

Sidney,

When you didn't renew your contract you automatically entered into a month to month deal. They do not have the right to publish your contact information without your permission, if they did asked them to remove it. If the landord wants access to the property he (or the manager) needs to inform you in advance and you can ask for up to 48 hrs notice (or less if you wish).

Even though they might be violating the contract and performing unlawful entry, your best bet is to just provide them with a written 30 days notice (use certified mail/return receipt requested at least five days before the notice is due) and ask for your deposit back. Use those 30 days to find a better place.

Good luck!

You will still need to give written 10 day notice to the landlord, to get your deposit back. Since the property is managed thru a property management company, you may be in luck in recovering your deposits. Your deposits should have been held by them. If they are not, I am sad to say that your deposit may very well be lost a landlord in financial trouble is not likely to have kept your deposit as they should have. You may however take legal action against the landlord if that is the case.

Sidney,

You will need to give a 30 Day written notice to vacate in order to leave in good standing .

Also, I recommend that you get familiar with your rights as a tenant. You can obtain a copy of the Arizona Residential Landlord Tenant Act by clicking on this link:

http://www.danielbstephens.com/custom1.shtml

You are also entitled to a 48hr notice before any showing.

Hope this helps.

Best regards,

Daniel