Can my landlord do this – Pre foreclosure woes

By Apollo

Myself and two other tenants have been renting a single family home for over a year and a half. We recently recieved a notice from the bank that the property is to be foreclosed in the middle of May, which came as quite a shock because we have ALWAYS paid our rent on time. We are currently looking to buy and get out of this nightmare, but we are lacking enough funds to do so. A realtor sent from the bank has offered us cash for keys.

However, we are currently on a month to month lease. The landlord caught wind of the cash for keys deal and now intends to move in. She says she is not at fault because her ex husband was court ordered to pay the mortgage and she would collect rent from us. We have continued to pay our rent in the face of the foreclosure, and she expects us to still do so. However, she wants to move in right before the foreclosure date, saying that she just lost her job a few days ago. She also wants us to lie to the bank and tell them that she lives with us, which she NEVER has. However, she has been collecting mail at our house and having us bring it to her since she moved in. I didn’t think about it until the foreclosure notice came. The amount that they have offered us for cash for keys would be enough to help us put a downpayment on a house (I am already approved). We have always paid our rent on time.

How many days notice does she have to give us to move out? When our lease expired we went to a month to month lease, with no written contract. Do we have any rights? Does the notice have to be written? We would like to stay for that deal, since we paid no deposit and if we could not get enough money for the downpayment on a house, we would be stuck in another rental and possibly facing the same exact situation all over again. I have seen foreclosure notices stating that we must be given 90 days, but I believe that is post foreclosure. I have also seen tables that say that if you have been somewhere for over a year, they must also give a 90 day notice. We are in the state of AZ. Could she get in trouble for lying to the bank? I certainly don’t want to. They are the only people who want to give us any reparation for what is happening. Can she evict us for no reason if she catches wind of us telling the truth?

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