 eviction (by Estelle [AZ]) Jul 7, 2011 10:19 AM
 eviction (by Tammy [MA]) Jul 7, 2011 2:02 PM
eviction (by Steve [MA]) Jul 7, 2011 2:30 PM
eviction (by Estelle [AZ]) Jul 7, 2011 2:54 PM
eviction (by Mike45 [NV]) Jul 7, 2011 5:13 PM
eviction (by Estelle [AZ]) Jul 7, 2011 8:24 PM
eviction (by Tammy [MA]) Jul 8, 2011 7:05 AM
eviction (by John... [MI]) Jul 8, 2011 8:36 AM
eviction (by Tammy [MA]) Jul 8, 2011 9:39 AM
eviction (by Steve [MA]) Jul 8, 2011 2:56 PM
eviction (by Chris [CA]) Jul 9, 2011 6:56 PM
eviction (by Estelle [AZ]) Posted on: Jul 7, 2011 10:19 AM
Message:
State Specific Question About: ARIZONA (AZ)
What is the process to evict a tenant for non-payment of rent. I have read the AZ Landlord Tenant Act but am not sure what I need to do and the timelines for each step. Anyone have a legal notice they use that meets the state requirement? Also, what is the correct way to serve the notice if the tenant is never home? Do they need to sign, or will another method meet the law?
Thanks in advance ... --72.201.xxx.xxx |
eviction (by Tammy [MA]) Posted on: Jul 7, 2011 2:02 PM
Message:
I am going through this for the first time, and I had to serve my tenant three times because I'm way too nice, and kept giving her more chances. When she wasn't home, I had a disinterested third party (i.e. friend) see the form, see me put the form in an envelope and use blue painters tape to tape it to the door. Last time, she was home, so with my witness, I served her in hand. I then used an affidavid to document that my friend saw it served and had it notarized. When I delivered this to court today, the housing specialist said that I did everything right. This is MA, so you really need to go to your local housing court and speak with a specialist who will assist you with the process. Ours has the forms right there. --205.188.xxx.xx |
eviction (by Steve [MA]) Posted on: Jul 7, 2011 2:30 PM
Message:
Tammy, I am not sure if a judge would agree with your method of service. You do not have any way to prove that the tenant actually received the notice, perhaps the wind or a vandal removed the taped envelope. Also I would not call a friend a disinterested / unbiased party.
14 day & 30 day notices I serve myself & explain to the tenant that by cooperating & signing for these notices it saves them a $40.00+ sheriff's fee. If they don't want to sign a receipt for the notice, I just have either a constable or sheriff serve them. Then I add the cost od the service onto the $30.00 paper work fee we charge for preparing the notice. --72.85.xxx.xxx |
eviction (by Estelle [AZ]) Posted on: Jul 7, 2011 2:54 PM
Message:
Thanks. I found a property management expert who directed me to an attorney in AZ who specializes in AZ evictions. He's got the process, legal forms and explanations on is website. I learned that in AZ, I only have to mail 'certified' and then wait 5 days beyond delivery to take the next step. Tenant can pay in full til the 5-10 day notification window ends to stop further action. The attorney will handle everything from the notice period forward for an approx. fee of $500. Cheap for peace of mind and the ability to work my regular job without distractions. Thanks to each of you for your replies. --72.201.xxx.xxx |
eviction (by Mike45 [NV]) Posted on: Jul 7, 2011 5:13 PM
Message:
Estelle, good decision. But make this a learning experience for you. Get a copy of all the documents used, and study them. See what statutes they refer to and read those. Not necessarily so you can dispense with the atty, but so you can learn and become knowledgeable.
--216.240.xx.xxx |
eviction (by Estelle [AZ]) Posted on: Jul 7, 2011 8:24 PM
Message:
Thanks, Mike. That's exactly what I did today. --72.201.xxx.xxx |
eviction (by Tammy [MA]) Posted on: Jul 8, 2011 7:05 AM
Message:
Steve - I looked up the definition of a "disinterested third party" and found it defined as "one who has no financial interest in the success or failure of an action". In this case, my friend signed an affidavid stating what she witnessed, along with "I did this voluntarily, without pay, as a disinterested third party to the delivery of this written 14 Day Notice to Quit". Although she is my friend, she is still bound by purgery laws, as we all are. However - I will change the method, which hopefully I won't need to do again, but if so, I will have the constable do it if they refuse to sign receipt. Thx again. We are court bound this month, as the SPSC has been served by constable and filed in court. --64.12.xxx.xx |
eviction (by John... [MI]) Posted on: Jul 8, 2011 8:36 AM
Message:
So, in your state, YOU can serve it and just have a "disinterested" witness? Here, you would just have that disinterested person SERVE it and then sign that they served -- instead of YOU serving it. Simply because the state requires the actual SERVICE by a disinterested party. Does MA not require that for service?
- John...
--64.25.xxx.xxx |
eviction (by Tammy [MA]) Posted on: Jul 8, 2011 9:39 AM
Message:
This is copied from MA.Gov - Frequently asked questions of the housing court:
What is the purpose of the Notice to Quit?
The purpose of the Notice to Quit is to terminate the tenancy. Thus, if a lease by its own terms is terminated, no further notice to quit is needed. But if notice is required, and in most cases it is mandated, then the notice to quit must be given to the tenant. Indeed, the essence of giving the notice to quit is not service, but that the other party shall have notice. Unlike the Summary Process Summons and Complaint form which has to be served by a Constable or Sheriff, there is no one designated way of giving the notice to the tenant. If the tenant gets the notice in any way, then that is sufficient. On the other hand, if the landlord sends the notice by registered or certified mail, and the tenant refuses to pick it up, the tenant does not have notice. If a Constable or Sheriff serves the notice by last and usual, and the tenant denies receiving the notice, if the judge believes that testimony, then the tenant does not have notice. A landlord can give the notice directly to the tenant in hand, but it is always advisable to have a disinterested person witness this event.
--64.12.xxx.xx |
eviction (by Steve [MA]) Posted on: Jul 8, 2011 2:56 PM
Message:
Tammy,
MA has several purposes for a notice to quit such as;
1. notice to quit for possession some LLs incorrectly call this a 30 day notice) 2 different notices 1 for lease & 1 for MTM
2. notice to quit for a major lease violation sometimes called a 7 day notice only valid for leases & must be mentioned in lease
3. notice to quit for drug / nuisance violation (section 19 of chapter 139) each MA court seems to go by their own rules for this
3. 14 day notice to quit for non-payment of rent, 2 different notices 1 for lease & 1 for MTM
In MA & I imagine most other states the big thing about notices is being able to prove when the tenant received them as this is when the clock starts for most actions --72.85.xxx.xxx |
eviction (by Chris [CA]) Posted on: Jul 9, 2011 6:56 PM
Message:
Estelle, I just paid over $ 700 in CA. Sometimes, tenants are dense and have no understanding of what an eviction will mean. More and more LLs realize the importance of credit checks. And I draw the line at evictees - won't rent to one, ever, no matter what. If Rupert Murdoch was to personally guarantee the rent, I would reject such a person!
What's the story? How did you screen her? Learn from this! --118.172.xxx.xx |
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