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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Thank you my name is manny my question is, I have a tenant

Customer Question

thank you my name is manny my question is , I have a tenant that has been living without any water and electric she is responciable for both. she has been taken off the section 8 program due to missing many appointments . I am paid up to end of June . my concern is that its very hot and I had water turned on my name at one time and she failed to keep up payments so they shut it off.
can I give her 10day notice to be in compliance , section 8 also terminated her payments due to no utilities in her name.
what is the law on this issue ?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You can evict a tenant for non-payment of rent relatively easily in AZ: http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx (link is for Maricopa County - AZ legal help from the courts is by County, but the information is useful state wide).

However, the one issue that I see in your post that is of concern is the fact that the tenant is living in the unit with no utilities.

If any of the utilities are in your name or under your control, you will want to have them functioning. If they are not functioning or available, the tenant can oppose your eviction action by claiming that you are engaging in "illegal eviction" (cutting off utilities is considered "self help" and is illegal). I understand your situation is somewhat unique, but I am concerned about the way it may be presented to a court. For this reason I would highly recommend retaining a lawyer to help you here.

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