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It is in Arizona. I read through the tenant rights handbook, and they stated that a tenant, who stays passed the lease could be required to pay two months rent to the landlord. I would rather just have my place back. If you overstayed at a Motel 6, they would simply call the police. I don't really think there is an eviction process for someone not in a lease.
As someone else said, you are not a motel 6. The rules for motels and landlords are quite different.
You said they have a lease and 9 out of 10 times the lease will state that when the lease expires, the situation reverts to a month-to-month rental. That is covered under the state's landlord-tenant laws as to what the eviction procedure is. You thinking that there is no eviction process for someone not in a lease does not make that correct. In fact, you are wrong. Even a "tenant-at-will" is covered by the eviction process. Since you are unable to either read the correct statutes or to interpret them accurately, and not trusting your property manager, you should follow others' advice and get an attorney.
As for planning to move in on day 3 after the expiration of the lease is foolish thinking on your part. Be prepared to get yourself a motel 6 room unless your tenants are willing to comply by what may or may not be a properly worded or timed eviction notice.
He's a Section 8er....never, ever again. He was given proper notice. And promptly did not pay his 80 USD of the 569 rent. Sec 8 pays 490 of it. Sec 8 actually requested a 30 day extension on his lease on the 8th, which was relayed to me by the property manager. She "forgot" to tell me that he (and his GF) hadn't paid their share for January. Their extension was denied. It is clear that they understand the lease was not renewed (which is different than a termination).
My property manager does,'t do leases that revert to month to month....that would potentially cost her a commission on a renewal. Sec 8 only does 1 year leases.........
Just using the citation you provided, here is your remedy:
Quote:
If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession....
That does not mean having the tenant forcibly evicted. There are no self-help remedies available to you such as: turning off the utilities, changing locks, dumping the tenants' possessions outside, removing doors, etc.
Tenants who refuse to pay rent on a timely basis orfailto return possession of their rental units are guilty of violating Arizona's landlord and tenant law. Landlords have a right to demand possessionand sue for rent after their tenants are delinquent in their rent payments for at least five days. To evict tenants, landlords must file an unlawful detainer action in court and demand possession. The Arizona courts will schedule a hearing within five to 30 days of filing...
And that's what we're all telling the OP, there is no shortcut if the tenants are not out by the end of the month. OP may need to wait a full month before the hearing is scheduled - depending upon the tenants' ability to delay. Then, if the LL is successful in court, there is the necessary wait before the sheriff will forcibly remove.
Why not call this tenant and offer them an incentive...say $500 to vacate prior to the 31st...Then you'll know, and it would be cheaper for you in the long run.
Last edited by JanND; 01-25-2013 at 03:18 PM..
Reason: edit text
Have you spoken with their Section 8 rep? That would be my very first step. Call them up and let them know you are intending to move back into the house on the 1st, per the notice your property manager previously sent. Find out if the tenant has even put in for a transfer of their assistance yet. Also, inform them that the tenant did not pay their share of the rent for January.
In my area, you can evict over non-payment of the tenant share of the rent on a section 8 assisted tenant. After you receive the Section 8 payment, you serve a 3 day eviction, and then when they don't pay the remaining share, you set a court date, take them to court and evict. Same as any other tenant. Your area may be different, but don't assume you can't evict without knowing the rules.
And no, you can't just call the police, the police will tell you to sue for possession of the property. They aren't trespassing. They are illegally staying past the end of their lease term after being served notice to move. Two totally different things, as others have said.
It doesn't sound to me like you have any reason to believe that they aren't going to move. If they don't move on the 31st, then you deal with that, but in the meantime, the only issue you have is the non-payment of this month's $80. I assume they have a deposit, so you can include that $80 in their deductions.
If they don't move, and force you to evict them, they risk losing their Section 8 assistance, so my guess is that they will move on schedule. One of the things I like about Section 8. "You will lose your Section 8 assistance if you screw up" is pretty good motivation for most of them.
Personally, I would just call the tenant up and just totally act like it is an assumed thing that they will be out. Tell them you are calling to get utilities in your name as of the 31st, and will be arriving with your truck the morning of the 1st, and just want to confirm whether they will be returning the keys to the property management office, or leaving them in the house. See what they say. But call the Section 8 rep first and have a conversation with them.
My tenant's lease was not renewed. He was given the 30 days notice of non-renewal at the end of December. His lease expires on January 31, 2013. I need to move back into the place, as I just closed on my other home (sold it). My understanding is, that he would not be considered a tenant anymore at the end of the month, and therefore tenant rights would not apply to him. If he is still there on the 1st (I'm actually flying in on the third), can I just call the police and have him arrested for trespassing?
Are you crazy?? Did you NOT research your state's laws on becoming a LL and renting property to people?
You have to take him to COURT to LEGALLY EVICT.
Offer him some money to move out quicker and a glowing recommendation to a new LL. It will save you money and time in the long run.
Oh yeah, don't even THINK about trying to change the locks on the apartment either. Not only will the police make you give him a key, but he can also sue you for TREBLE damages in many states.
Just ask him when he's gonna be out and offer "moving" money if you have to.
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