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REFERENCE TITLE: tenant notice; foreclosures |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2766 |
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Introduced by Representative McGuire
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AN ACT
AMENDING title 33, chapter 10, article 2, Arizona Revised Statutes, by adding section 33-1331; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 10, article 2, Arizona Revised Statutes, is amended by adding section 33-1331, to read:
33-1331. Notice of foreclosure; effect on lease; damages
A. Any landlord of a residential property that is the subject of a foreclosure action shall provide each tenant at that property written notice of the date, time and place of the sale of the foreclosed property at least sixty days before the sale date. The notice shall include a statement that is substantially in the following form:
This property is undergoing foreclosure. For more information on this action, you should contact the clerk of the superior court of ___________ county (your county), __________ (address), at __________ (phone number).
A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established. You will receive written notice of the sale at least sixty days before it takes place.
B. A landlord of a residential property that is the subject of a foreclosure action shall allow the tenant at least thirty days' notice to vacate the property. A completed foreclosure terminates the tenant's obligations under any lease agreement with the landlord and the tenant is not liable for any rent, utility or other obligations for the period after completion of foreclosure. If the rental agreement was entered into after the foreclosure action was initiated, the landlord shall include the written notice of foreclosure in the rental agreement with the tenant.
C. In addition to any other remedy provided by law, a tenant may recover the greater of actual damages or one month's rent plus the amount of the security deposit and reasonable attorney fees if the landlord fails to provide notice as prescribed in this section.