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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15935
Experience:  Licensed General Practice Attorney, Texas
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I manage a 4 plex in Arizona. A tenant is not responding to

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I manage a 4 plex in Arizona. A tenant is not responding to the eviction notice. While we follow the legal process with the courts, can I legally shut off the water. The water bill is in my name and I pay for it. They are not paying rent.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

I'm sorry to hear about your situation. Even though they are not paying rent, you cannot turn off their water. That would be in violation of Arizona law (A.R.S. §§ 33-1367 and 33-1374) and entitle your tenant to bring an action against you for two (2) times the monthly rent or greater actual damages if proven.

ScottyMacESQ :

Now it's possible that your tenant would not know about the law and not actually sue. But if they do, or find out about it, you could find yourself at the wrong end of a lawsuit, having to pay 2x the monthly rent amount.

ScottyMacESQ :

Again, this is even though they are delinquent on rent.

ScottyMacESQ :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Ok thanks. Am I entitled to fix stuff for them while they are living their illegally.

ScottyMacESQ :

As the landlord you are entitled to make repairs, yes. You just need to give them enough notice that you will do so.

Customer:

Wow, they can live there for free and I have to fix things. Ok thanks for the answer.

ScottyMacESQ :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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