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If there is no statutory agent information (i.e., name and mailing address) provided in a residential lease agreement, does that constitute legal grounds for a tenant to terminate an existing lease when the premises have gone into default on a Trust Deed / a Trustee Sale date has been set with 90 day notice given, and notice posted on the property?


Response by Carlton C. Casler. Yes, ARS Sec. 33-1902(A) requires all people (and business entities) who own residential property to register with the county assessor (the county in which the property is located). In addition, ARS Sec. 33-1902(B) requires owners (and foreign business entities) who do not live in Arizona to also have an in-state statutory agent. Foreclosure of a rental property is an entirely separate issue. If the rental agreement states that commencement of a foreclosure is a breach by the landlord (or words to that effect), then that is a breach and the tenant may serve a ten-day notice of material noncompliance and vacate if the breach is not cured.

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