Legal Question in Landlord & Tenant Law in Arizona

can i stop an eviction after beeing served by the courts?

all the apts was left with a letter of notice of foreclosure. stated that the landlord had until dec.8th to pay 318,000.otherwised the property belong to the bank. we thought we owe the rent to the bank.

I have five minor chilren,one who is disable.can i be granted extra time to relocte my chilren?


Asked on 11/13/09, 1:05 am

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Yes, you should go to court on the date and time stated and tell the judge your story, You may be able to cure the default by paying the rent due at the court hearing, or in the alternative, ask the court for time to move.

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Answered on 11/18/09, 11:21 am
Jeanne Whitney Whitney Law Office

Do you have a written lease? The forclosure alone doesn't normally end the lease. Track down your copy of the lease and be sure you have it. There should be phone numbers or contact information on the posted notice. Mail a copy of the lease to them Certified Mail with green card Return Receipt Requested.

Rent payments for December??? If you normally pay the landlord, be sure to get a receipt. If you normally pay a property management company, ask them what's going to happen with the forclosure. Do not just stop paying rent because this WILL get you evicted!

You might be able to get the assistance of your local Legal Aid. You can find them at http://www.azlawhelp.org/

You can also read some information from the Arizona Supreme Court website at http://supreme.state.az.us/nav2/eviction.htm

I work in Cochise County so I would not be able to represent you in court. Good Luck,

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Answered on 11/24/09, 9:34 am


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