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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience:  Began practicing law in 1992
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In Arizona, can an assisted living facility evict a long time

Customer Question

In Arizona, can an assisted living facility evict a long time resident without a court order? If so, what is the time frame? If not, how long will it take them to get a court order?
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Can you explain what you mean by an "assisted living facility"? This term can cover several different kinds of facilities and the answer would vary based on what kind it is.

Customer:

My mother is in a facility where she receives round the clock care if needed, help with medication etc. It is, I believe one step removed from independent living. The facility she is in is Glencroft in Glendale, Arizona. They offer varying degrees of care.

Dwayne B. :

This wouldn't be a normal eviction but it certainly would require at least the protections of an eviction. That would require a court order.

Customer:

They sent a 30 day notice to me, in California. I do not believe that is proper service of the notice and that it has to be to her. Is that correct? Or is notice to me all theyneed. I am not a signatory of any of the documents as I recall.

Dwayne B. :

They would have to give a notice to her, which could be either a 5 or 10 day notice, depending on the reasons they want her to leave. If she didn't leave at that point then they would file the action known as a "Forcible Detainer" case, and have her served at least two days before the hearing although usually it is longer than that. Following this service there is a hearing.

Dwayne B. :

I do not think they can serve you in her place unless you are the legal guardian of her.

Dwayne B. :

I should rephrase, they cannot serve you in her place unless you are her legal guardian.

Dwayne B. :

It usually takes a total of about 30 days to evict someone unless they appeal and then it takes longer.

Customer:

I am not her legal guardian. This information helps a lot. They are asking her to leave as she has not been able to pay the rent for several months. She initially bought an apartment from them then was moved to their assisted living.

Dwayne B. :

What happened to the apartment?

Dwayne B. :

Also, what is her condition that requires the medical assistance?

Customer:

When she was moved to assisted living what equity was left in the apartment was applied to her rent. After that was gone she went through all her retirement savings and assets until she had nothing. I am on Social Security and cannot help - a guilt trip in itself. She has diabetes, fibromyalgia (sic) and numerous other ailments of which I am not aware. She can barely walk and uses a walker to get around.

Dwayne B. :

They will have to serve her and start the process. Sending it to you does nothing.

Dwayne B. :

Let me see if I can find a couple of websites on AZ evictions to provide some basic info to kind of round things out.

Dwayne B. :

Please wait here and i'll be right back.

Dwayne B. :

Those will provide a little information. It's not terribly detailed but they are helpful.

Customer:

Thank you Dwayne, you've been a big help. Where are you located? If the need arises I'll recommend you.

Dwayne B. :

I'm in LA right now. If you need me in the future just start your question with FOR DWAYNE B and I'll pick up as soon as I see it.

Dwayne B. :

And I certainly hope things work out well for your mother. It's a shame that places like this take all of someone's money and assets and then try to dump them.

Customer:

Thank you. I couldn't agree more!! Have a great weekend

Dwayne B. :

To you as well.


Best wishes to you and your mother on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

To save this do I do the rating first or hit save and exit first - of course I'm rating excellent.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience: Began practicing law in 1992
Dwayne B. and 6 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 8 months ago.
It automatically saves it now that you have rated. Thanks very much!
Expert:  Dwayne B. replied 8 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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