Christina El…, Renter in Maryvale, Phoenix, AZ

hello, I started renting a house back in march from a realtor company. They didnt disclose that the house I was renting is going into forclosure. Now

Asked by Christina Elizondo, Maryvale, Phoenix, AZ Sat Jun 26, 2010

they have stopped the maitnance on this house and we are trying to get our deposit from the owner. Should we continue to pay rent or just look for a different place to live. We live in AZ and the ac has been acting up!

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Answers

12
Hi Christina,

Your questions are best addressed by an attorney because your concerns are related to your contractual obligation for your lease. It's unfortunate that this has occured to you but you really need to talk to an attorney. You may also find it useful to talk to an organization that assists renters. I think it's called Arizona Tenants Advocates http://www.arizonatenants.com/ . I am not endorsing them but they may be able to properly assist you.

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PAUL WELDEN
Exclusive Buyer's Agent
HomeSmart
1 vote Thank Flag Link Sat Jun 26, 2010
Seeking the advice of a tenant's right attorney is best. Also, I'd put a call into the Arizona Department of Real Estate and make sure the real estate broker did not violate any rules of conduct under ADRE.
0 votes Thank Flag Link Sun Jun 27, 2010
Christina, I also have a contact for an A/C person. He is a great family man and someone I trust, if you want his number contact me by email. I will call him and vouch for you.

Matt Puzz
Amerifirst Financial
602-410-9333
A mortgage banker lending in AZ, CA, and NM.
Web Reference: http://www.mattpuzz.com
0 votes Thank Flag Link Sat Jun 26, 2010
We signed the Lease with McMath Realty for a year, a week into the contract we found out that the house was going into foreclosure. The owner did not disclose this to us. McMath Realty was managing it for the Owner but has dropped the contract with the Owner since the owner stopped paying his Mortgage back in October! They Meaning McMath Told us they have stopped all maintenance on the house and we will have to get the owner to step up. We have never met or spoken to the owner, we just know he lives in California.
0 votes Thank Flag Link Sat Jun 26, 2010
Hi Christina:

A lot depends on the length of the lease you signed, the rent you are paying and if the Real Estate company is Managing the property or not.

Please let us know.

If the lease is month to month and the house forecloses you can fight the eviction as you have a contract. If the Ac is acting up check how much does it cost to fix up and fix it or ask the Realtor Co to fix it..

An owner by law is supposed to fix it, so spend some money and in the long run you will come out ahead.

You can always fix the AC and cut the money from the rent.

Is the owner working with you directly or is there a property management company.

In the long run you will be the winner.

Let it foreclose or go through a short sale.

Good luck.

Perry
0 votes Thank Flag Link Sat Jun 26, 2010
If foreclosure is pending, look for another place to rent and also, try ro get your deposits back. Get a copy ( on line) of Arizona Tenats Act to ascertain your ability to get your monies back from owner.I do not believe you have any other legal rights against owner, but you might check with an attorney.
0 votes Thank Flag Link Sat Jun 26, 2010
Thank you all for your advice. I will continue to look for answers and contact a attorney. Keep the good Idea's coming in. I really appreciate it!
0 votes Thank Flag Link Sat Jun 26, 2010
Christina,
How long have you been living in this home? The Realtor may or may not have known that it was going into foreclosure. Also, I agree what everyone that is advising you to get legal advice. From what I understand of the law (and I am not an attorney), I have heard that it is fraudulent to be collecting rent when you are not paying the mortgage in AZ. It is supposedly in the Deed of Trust. So, it would definitely be to your advantage to seek legal advice asap. It could be quite awhile before this home actually goes into foreclosure. Some banks are taking a year or more. The foreclosure can be postponed numerous times during the process. As far as staying in the home, if you want to stay there then you could until you are given notice. You should be protected. If the maintenance is a problem and it is in your lease, you should be able to get your deposit back. But, please, please get legal advice first thing Monday and find out your rights. None of us are attorneys so we cannot give you the real legal advice that you need. Wish you the best.
0 votes Thank Flag Link Sat Jun 26, 2010
The best answer Christina is to consult an attorney, I have a very good one if you need help. From my personal experience, if you have a contract in place and you are paying as scheduled you should show the contract to the new owners of the property and ask where to send the rent check. You should also investigate if the real estate firm knew that the property owner was behind on the mortgage payment. You may also be able to work a cash for keys, or cash for cancellation of rental contract with the new owner of the house, that should be worth 5,000 or 10,000. Consult an attorney, I will help you.

Matt Puzz
Amerifirst Financial
602-410-9333
A mortgage banker lending in AZ, CA, and NM.
Web Reference: http://www.mattpuzz.com
0 votes Thank Flag Link Sat Jun 26, 2010
Hi Christina!

I am truly sorry, it does seem like you are in the same predictment as a lot of renters are in Arizona. I spent sometime going through various websites that talk about the Arizona Residential Landlord and Tenant Act.
I have attached the link in hopes that your answer is in there and/or any questions legally, you find your answers. I do believe that at this point it would be best if you seek legal council.

http://www.law.arizona.edu/Library/Research/guides/landlord_…

If you need further assistance, please ask.

All the Best,
Michael and Cheron Lange
cheron@phoenixareaspecialists.com
0 votes Thank Flag Link Sat Jun 26, 2010
Christina, before taking Sam's or any other non-professional legal advice, you should consult with an attorney or tenant advocate as suggested by Paul. Otherwise, such advice may have negative consequences for you.
0 votes Thank Flag Link Sat Jun 26, 2010
Christina no one can advise you to stop paying rent, that is something you have to decide on your own. You have 2 choices and that is to move right away to put the headache and heartache of this behind you sooner. The other choice is waiting things out. if they have stopped maintaining the house, a judge may have heart if they try and sue for rent as tehy are not using the rent to pay the mortgage or maintain the property. If it gets foreclosed on, you will have to move anyway. It is almost worth using teh first free meeting with an attorney to get some direction. good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sat Jun 26, 2010
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