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I loaned a friend about 30 grand to obtain and fix up a

Customer Question
I loaned a friend...

I loaned a friend about 30 grand to obtain and fix up a mobile home over two years ago. I don't even want the money anymore. I just want her out. I have the title in my name and in my possession. How do I go about legally evicting her.

Lawyer's Assistant: What steps has the friend taken so far? Has she prepared or filed any paperwork?

No she has tried talking to her but gets nowhere so now she needs to know how to go about it legally

Lawyer's Assistant: Where is the mobile home located?

In a park

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

I live in az if that matters when it comes to the laws

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/7/2017
Real Estate Lawyer: Richard, Lawyer replied 9 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,238
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 9 months ago

Good evening. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, whether or not she’s paying anything, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Arizona law, you will then need to give a 5-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 9 months ago
i do not need to go through the courts until after that 5 day notice to quit?
Real Estate Lawyer: Richard, Lawyer replied 9 months ago

You do not; only if she doesn't leave within the 5 day period would you then need to involve the court system. :)

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