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How is this setup for pay and what are the charges. Arizona.

How is this setup...

How is this setup for pay and what are the charges

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Arizona

Lawyer's Assistant: What steps have been taken so far?

I wanted some questions answered for me the landord who had a tennant leave

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are the rules in arizona if the tenant does not leave after the lease has been terminated. They can't find a dwelling in time to live and clean out the house.

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Customer reply replied 3 months ago
The tenant could not leave on the date allowed. They were given a 30 day notice
Customer reply replied 3 months ago
Does the landlord have to return the deposit when the tenant does not leave within the time allowed or are they deducted per day each day they stay based on the rent per day.
Answered in 19 hours by:
5/15/2018
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Good question on the charges. So, Just Answer charges a $5 non-refundable deposit to post your question. Usually, it is only $37 additional for your entire interaction with me (you’re not charged per response). There is also the option for a $59 phone call, but please understand that this is OPTIONAL and requested automatically by the system, not me, although it is highly valuable, it is not required. Would you like to continue?

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There is a legal procedure if a tenant doesn't leave on the date they are required to leave.

So, the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property. If there is something living on the property who is not on the rental agreement, there may be additional forms the county may require so be sure to ask. Basically, what the landlord must do is file a lawsuit often called an unlawful/forcibile detainer lawsuit.

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Customer reply replied 3 months ago
Can i contact you in 30 minutes

Every county in Arizona has their own specific forms for this. Once you fill out the forms, you should go back to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server to serve the documents on the tenants. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

The tenant will have a chance to raise defenses to your complaint, but regardless, the court will set a trial date, listen to each side, and declare a winner.

The landlord normally has to return the deposit as they normally would even if the tenant is being evicted, but withhold any amount for past due rent, cleaning, and repairs.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,316
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Customer reply replied 3 months ago
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