Eviction in AZ

[Faceaz]

Anybody know the rules for eviction in AZ? More specifically, how late does a tenant have to be before you serve a 5 day notice?

After lowering rent & our renter coming up late the past 3 months, I know I have to do it. Got any suggestions.

 

[coz]

Anybody know the rules for eviction in AZ? More specifically, how late does a tenant have to be before you serve a 5 day notice?

After lowering rent & our renter coming up late the past 3 months, I know I have to do it. Got any suggestions.

The boys & I can give you a hand evicting, we have ways of making them gone :thumbsup but only use us as a last resort :thumbsup

Seriously though, whats in the rental agreement or lease? :hmm

 

[Faceaz]

The boys & I can give you a hand evicting, we have ways of making them gone :thumbsup but only use us as a last resort :thumbsup

Seriously though, whats in the rental agreement or lease? :hmm

:hmm Thanks for the offer, she could use a swift kick to the curb.

I honestly don't know - yet. We've been using a property manager, when I asked her, she didn't have a straight answer. So I'm requesting a copy of her agreement. Thanks,

 

[dezertrider]

You post the five day notice after.......
.
.
..
Wait for it.
.
.
.
.
They are late for more then 5 days. This protects you so I would post it ASAP

 

[coz]

:hmm Thanks for the offer, she could use a swift kick to the curb.

I honestly don't know - yet. We've been using a property manager, when I asked her, she didn't have a straight answer. So I'm requesting a copy of her agreement. Thanks,

My mom's going through the same issue with a rental in Ca. and a management company doing all her stuff too. I'll give her a call and see what's up on here end and see if there's a stipulation about missing rent in her agreement with the Management Co. & tenant.

 

[C-2]

Usually a 3 or 5 day Notice is the "notice" period for payment of the late rent. For example, if it's a 5-day Notice - then the tenant has 5 days to pay the rent. Most Notices to Pay Rent can be served after the rent is late, and if they don't pay the rent within the Notice period, you can file an eviction action/ulawful detainer.

You should contact a local eviction company or unlawful detainer attorney. I think Express Evictions offers services nationwide, and for cheap too. Most agreements carry attonrey fee provisions, which doesn't help much if they can't pay the rent.

Your management company really should be taking care of this for you.

late rent is better than no rent in this economy?

 

[Faceaz]

You post the five day notice after.......
.
.
..
Wait for it.
.
.
.
.
They are late for more then 5 days. This protects you so I would post it ASAP

The 5 day notice is actually your intent to file for eviction with the courts. On the 6th day after the 5 day notice, you can go to the courts & apply for a court date. Has nothing to do with when the 5 day notice can be served to the tenant. Thanks for you input.

 

[Faceaz]

Usually a 3 or 5 day Notice is the "notice" period for payment of the late rent. For example, if it's a 5-day Notice - then the tenant has 5 days to pay the rent. Most Notices to Pay Rent can be served after the rent is late, and if they don't pay the rent within the Notice period, you can file an eviction action/ulawful detainer.

You should contact a local eviction company or unlawful detainer attorney. I think Express Evictions offers services nationwide, and for cheap too. Most agreements carry attonrey fee provisions, which doesn't help much if they can't pay the rent.

Your management company really should be taking care of this for you.

late rent is better than no rent in this economy?

Thanks. Like Coz said, it's probably whatever the lease says, I got to get a copy of the agreement.

 

[Topless]

Thanks. Like Coz said, it's probably whatever the lease says, I got to get a copy of the agreement.

Shouldn't your management company be doing this for you? If not, what the hell do you pay them for anyway?

 

[C-2]

Thanks. Like Coz said, it's probably whatever the lease says, I got to get a copy of the agreement.

If you're not familiar with the process, you should have an attorney or eviction company do it for you.

While they seem simple, eviction cases hinge on correct amounts and notice periods. Get either of them wrong and you can lose your case. I wouldn't rely on your property manager since they seem clueless in the first place.

C-2 <---- has sat through several thousand eviction cases and testified in excess of 300 times for the same.:blah::blah::blah:

 

[coz]

Thanks. Like Coz said, it's probably whatever the lease says, I got to get a copy of the agreement.

Just talked with Mom and she has a 3 day notice of late payment with a $200 late fee at the time of late notice, then the tenant has 3 days to pay up including late fees or the sheriff is sent in to evict. So they basically have 6 days after the first of the month to catch up with rent & penalties or they're out. Her tenant is very slowly catching up but she almost to ropes end with this tenant :thumbsdown

 

[Yellowboat]

Its best not to go that route if you can help it, for both yourself and the renter. Ask them to leave... its always better, trust me.

i've painted litterly thousands of rentals, When they were asked to leave, they were always in better shape then if they were evicted.


Oh yeah property mangement companys are the devil. never use them unless you have too.

 

[Miss Perfect]

Just talked with Mom and she has a 3 day notice of late payment with a $200 late fee at the time of late notice, then the tenant has 3 days to pay up including late fees or the sheriff is sent in to evict. So they basically have 6 days after the first of the month to catch up with rent & penalties or they're out. Her tenant is very slowly catching up but she almost to ropes end with this tenant :thumbsdown

Oh man I wish it were that easy. After the 3 day notice you get to file for a court date. Then and only then, and after the tenant has filed for a gazillion extensions, can you have the sheriff come and remove them. It can and probably will take months and months.

 

[Yellowboat]

Oh man I wish it were that easy. After the 3 day notice you get to file for a court date. Then and only then, and after the tenant has filed for a gazillion extensions, can you have the sheriff come and remove them. It can and probably will take months and months.

having done that more then once... the fastest it has ever been has been was 4 months, the longest was 10.


In many cases its better to pay the SOB to move out, rather then go thru the process. Oh yeah did I forget that you have to pay to have the Police come out... They never stick around more then a few mins after they get the people out...( so if your going to be there all alone, I highly recomend you have a gun on your hip. Which is perfectly legal on your property...)

 

[C-2]

Yup, after the Notice period expires (whatever amount of time is prescribed, usually 3 days);
Then you file the eviction action;
Then the tenant is served with it;
Then the tenant has an opportunity to file a response (5 days here in Cali).
After the tenant files a response (and they always do since they can do it n a fee waiver), then a court date is set, usually several weeks out.
However, if the tenant does not respond, they enter a default judgment an you only need to file paperwork with the court and Sheriff for an eviction date.
If they did respond, you have to go to the hearing (or whoever served the notice will have to go).
If the numbers are correct, you win the case.
Back to filing paperwork with the court and Sheriff for a lockout date - usually within 2-3 weeks of the court date.
The Sheriff goes out and usually will serve a final notice before they actually show up to remove them. You provide a locksmith, and the Sheriff removes them.
God forbid they have crap left behind.
And double god forbid they file BK.

The reality is, most courts encourage settlements rather than trial - so even if you show up at trial - the court might order you to settle the case. You know, give them more time to ge out. :swear

 

[coz]

Oh man I wish it were that easy. After the 3 day notice you get to file for a court date. Then and only then, and after the tenant has filed for a gazillion extensions, can you have the sheriff come and remove them. It can and probably will take months and months.

Unfortunately some of that is true and it all depends on what's in the contract :thumbsup my dad owned some 15 apartment units that he ended up selling because of a couple tenants that drug the proccess along for months. Fortunately there are laws that help the landlord too.

 

[shueman]

Shouldn't your management company be doing this for you? If not, what the hell do you pay them for anyway?

Yeppers...:skull

Back when I had rental property, I'd give the tenants a 5% DISCOUNT when they paid prior to the due date...worked really well...:thumbsup

 

[BoatCop]

Here's the pertinent paragraph in AZ law regarding evictions:

E. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.

You can read up on all the aspects of it here:

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33

Basically, you file with them a 5 day Pay or Quit notice. After 5 days, you file eviction papers with the court. Once a court eviction notice is served to the tenant they have the opportunity to contest the notice. If they don't, or lose the contest, then a writ of restitution is issued by the court, and served on the tenant by the Sheriff. At that time, they are removed from the rental.

 

[Skyskier]

having done that more then once... the fastest it has ever been has been was 4 months, the longest was 10.


In many cases its better to pay the SOB to move out, rather then go thru the process. Oh yeah did I forget that you have to pay to have the Police come out... They never stick around more then a few mins after they get the people out...( so if your going to be there all alone, I highly recomend you have a gun on your hip. Which is perfectly legal on your property...)

I went down an talked the guy that rented to MY renters , wanted to find out how he got rid of them,....... he told me he ended up "forgiving" the months past rent they owed , PLUS gave them another $500 to leave :swear

 

[soupersonic]

We have rentals here in the AZ. The tenant laws are pretty descent for the landlord. After the grace period,whatever that is in the lease if they are late they get the five day notice.If they still dont pay you can terminate the lease and go to court and file for the eviction.The court date will happen within a week or so.Imediately after the court date you if they dont show up you have them served,that day!! The place is now yours again,bring the locksmith and meet the constable there. You only have to be reasonable in giving them time to get their stuff out,like leaving the garage open with their shit in it so they have access.

 

[Faceaz]

Shouldn't your management company be doing this for you? If not, what the hell do you pay them for anyway?

Agree, my problem is the manager seems to have some sort of personal friendship with the tenant. I've had to pay much closer attention, to make sure days don't slip by. Found that our agreement has a 10 day grace period, which means I can file a 5 day notice on the 11th.

Thanks,

 

[BoatCop]

We have rentals here in the AZ. The tenant laws are pretty descent for the landlord. After the grace period,whatever that is in the lease if they are late they get the five day notice.If they still dont pay you can terminate the lease and go to court and file for the eviction.The court date will happen within a week or so.Imediately after the court date you if they dont show up you have them served,that day!! The place is now yours again,bring the locksmith and meet the constable there. You only have to be reasonable in giving them time to get their stuff out,like leaving the garage open with their shit in it so they have access.

While a forceable detainer can be served by anyone, you still can't make them move out or change locks on them. If they fail to move out under a forceable detainer, then a Writ of Restitution MUST be served by the Sheriff or a Constable, at which time they will be removed from the premises. ONLY AFTER THEY ARE OUT, can you change locks.

If they leave stuff behind, they have 21 days to get it out. You can either leave it in the residence and grant them reasonable access to pick it up, or you can transfer the stuff to storage, with them paying for it. If they don't get it after 21 days, you can dispose of it, keep it, sell it, or do whatever you want with it.

 

[Yellowboat]

see thats why I love comm'l property in CA.. you can have them out in 3 days, if they don't pay.

 

[C-2]

E. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.

Wow, that's not in Cali law. No redemption provision once the UD process starts in Cali. In fact here, the judge cannot grant a defendant more time or any extensions.

And you thought us Cali folks were liberal.

---------

Yellowboat
Commercial is similar to residential - except they usually file in Superior court due to the higher dollar amounts based upon remaining lease terms (i.e., they were evicted 13 months into a 24 month term).

 

[BoatCop]

Wow, that's not in Cali law. No redemption provision once the UD process starts in Cali. In fact here, the judge cannot grant a defendant more time or any extensions.

And you thought us Cali folks were liberal.

Arizona landlord/tenant law is VERY much tilted in the tenant's favor.

Over here, if you let a friend, down on his luck (kicked out by his wife/girlfriend, foreclosed on, lost his rental, etc.) sleep on your couch, spend a few days in the guest-room, stay in your vacation home, etc. with no written rental agreement/ lease, you have given him the right to stay in the dwelling.

If he (or she) doesn't want to leave, you have to go through formal eviction proceedings to get them out.

Remember that when you go to the River and stay with RD or RB! :champagne:

 

[460]

Where in az is the house?

Lol

 

[BoatCop]

Where in az is the house?

Lol

Are you going to move next door and make them WANT to leave?

:skull

 

[coz]

Over here, if you let a friend, down on his luck (kicked out by his wife/girlfriend, foreclosed on, lost his rental, etc.) sleep on your couch, spend a few days in the guest-room, stay in your vacation home, etc. with no written rental agreement/ lease, you have given him the right to stay in the dwelling.

If he (or she) doesn't want to leave, you have to go through formal eviction proceedings to get them out.

Remember that when you go to the River and stay with RD or RB!

Are you going to move next door and make them WANT to leave?

:skull

After hearing that he's moving in with them :thumbsup that should force them out with a crying baby at 1,3 & 5am

 

[Miss Perfect]

Unfortunately some of that is true and it all depends on what's in the contract :thumbsup my dad owned some 15 apartment units that he ended up selling because of a couple tenants that drug the proccess along for months. Fortunately there are laws that help the landlord too.

I had a tenant that did not have the best of credit so I had her sign a waiver of eviction period, basically saying that once she got a 3 day notice, if she wasn't out then she waived her rights to court proceedings and she could be evicted after the 3rd day. Well....stupid me found out that even if someone signs a contract and waives their rights, that the laws protect them. Basically someone cannot sign away rights that are given to them by law. Sucks, but at least I got a huge deposit from her. Good luck to your mom. I hope she gets the dirtbags out fast.

 

[460]

Are you going to move next door and make them WANT to leave?

:skull

Lmao

Whatever it takes.

 

[C-2]

Well....stupid me found out that even if someone signs a contract and waives their rights, that the laws protect them. Basically someone cannot sign away rights that are given to them by law. Sucks, but at least I got a huge deposit from her. Good luck to your mom. I hope she gets the dirtbags out fast.

Yes, trying to waiver around constitutional rights is generally frowned upon.

 

[Yellowboat]

Yes, trying to waiver around constitutional rights is generally frowned upon.

You sign several of them away when you join the Miltary.

 

[Faceaz]

Where in az is the house?

Lol

Parker, there is a dirt lot next door you could poach on.

 

[460]

Parker, there is a dirt lot next door you could poach on.

I swear won't do anything to the house.

 

[coz]

Good luck to your mom. I hope she gets the dirtbags out fast.

Thanks Miss P :thumbsup after talking to her today she mentioned she would like to sell the place but was worried about paying capitol gains (she owes very little) I told her to work on getting the DB out and letting my sister move in (she's looking) and pay the mortgage + a few hundred a month while my Mom reports it as a second home for 2 years then she can sell to my sister after 2 years (the down payment would be the extra money on top of the monthly payment) without paying the gains you have to pay on a rental I think that sounded good to her :thumbsup

 

[TPC]

Here you go.:
http://www.supreme.state.az.us/info/brochures/landlord.htm

Calif and New York have the worst laws, AZ and Nevada some of the best.