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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10607
Experience:  Commercial and residential leases in NY & NJ & US
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Since laws are differ from state to state, I am looking for

Customer Question

Since laws are differ from state to state, I am looking for answers from Arizona layers, specialized in commercial lease.I have office property in Scottsdale, AZ. Tenant leased it with lease term commencing May 1 2015 terminating on July 31st 2016.There was option to renew the lease but Tenant neither exercised it nor communicated with us.
I have been trying to reach through email, text, calls... but all efforts were in vain. Also went to the office to meet tenant personally -- but office was locked. Tenant even has changed the locks of my office property.Tenant is holding on to the property and not paid rent for July (july rent can be recovered from deposit), Aug and SeptemberI have emailed the tenant a copy of Notice To Quit --asking tenant to reply within 3 days from notice date (that is ending on 10/5/2016). Also I have attached a copy of notice to quit on office property door and one copy I have dropped it inside.Today 10/3/2016, I am also express mailing a hard copy version of this notice. Also went to the office, looks like tenant may have read the notice attached on the door. (saw envelope on ground)Since it is commercial property and lease is expired ... Though landlord tenant document says
"Notice is not required to terminate a tenancy under an expiring lease except for month-to-month leases. Even then, notice is not required to terminate a month to-month lease when rent is not paid.",Still I have sent Notice To Quit to herWhat is my next step? On 10/5 or 10/6, Can I call the police and the enter premises or I need to go through the justice system (eviction process).Tenant never paid rent in time... always late and used to give weird reason, so used to waive the late fee.Now tenant holding the office after the expiration of lease. Closed for more than two months. And
SRP Electric Company has disconnected the service and has placed a due notice on door.I had referred the below documents:
• Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires.
• Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(B))
• Notice to Terminate Tenancy – Week-to-Week Lease: 10 days from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(A))
• Tenant Holdover: 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 and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater. (Ariz. Rev. Stat. Ann. §§ 33-1375(C))
• Required Notice before Entry: Two days (Ariz. Rev. Stat. Ann. §§ 33-1343(D))
• Entry Allowed During Tenant’s Extended Absence: No Statute (Ariz. Rev. Stat. Ann. §§ 33-1343)
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 9 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Does your lease agreement with her permit you to exercise self help eviction procedures? Between July 31 and Oct 3 what communications, if any did you have with the tenant?

Customer: replied 9 months ago.
I can send you lease contract, if you need
Customer: replied 9 months ago.
Here is another document
Expert:  Richard - Bizlaw replied 9 months ago.

I am familiar with the legal principles laid out in your last post but you should have a provision in the lease that permits self help. If you check your lease and you have a provision that permits you to enter and take possession if there is a default that is the right to a self help eviction. With such a provision, you could exercise self help by locking out the tenant and storing her belongings as indicated in the article. That would be the fastest way to get possession of your space.

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