The protecting Tenants Under Foreclosure Act requires the buyer of a foreclosure property to give a bona fide tenant residing at the property a 90 day notice to vacate before applying for a writ of possession. The notice must state the move out date which must be at least 90 days from the date the notice is served. Where a bank gave the tenant a five day eviction notice, but waited 90 days before filing an eviction, the court ruled the bank violated PTFA. Bank of New York v. De Meo, 254 P.3d 1138 (Ariz Ct. App. 2011).
Where the bank served a valid 90 day notice, but also served a notice to vacate immediately, and then filed for a writ of possession within 30 days, the court ruled that the bank violated PTFA. Curtis v. U.S. Bank National Association, WL 3553316 at 5-6. (Md. Aug. 20 2012).
The requirement to provide the 90 day notice under PFTA is not conditioned upon the tenant proving their status as a bona fide tenant. E Trade Bank v. Salter, No. 1372298 (Cal. Super Ct. Jan. 20, 2011). The court denied an unlawful detainer where the bank’s 90 day notice stated that is was conditioned upon the tenant proving his tenancy was bona fide within 3 days, even though the bank waited the 90 days before filing the suit.
The 90 day notice is also not dependant on the tenant paying rent.PNMAC Mortgage v. Stanko, No 11UO4495, 2012 WL 845508, slip op. at 4 (Cal. Super Ct. Mar. 7, 2012), Fed. Nat’l Mortgage Ass’n v. Vidal, No. 11H84SP004364, 2012 WL 597929 (Mass. Hous. Ct. Feb.17, 2012). The bank may not file an eviction for non-payment of rent without first providing the PTFA 90 day notice and waiting the 90 days.