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I'm a landlord in Payson. I gave the tenant 45 day notice to…

Customer Question
I'm a landlord in...

I'm a landlord in Payson. I gave the tenant 45 day notice to move by 3/31/18. If they are not out by 4/1/18 can I move their belongings into the garage that they have access to?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Arizona

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No.

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

No, thank you!

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/25/2018
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

I am sorry to hear this;

Unfortunately "self help eviction" is not permitted so if a landlord engages in any activity that appears to be an eviction such as changing the locks, preventing access to belongings, cutting off utilities, etc, the tenant may actually sue for damages which may include the cost of temporary lodgings, moving costs, attorney fees and court costs.

As such if a hold over tenant refuses to vacate by the proper date the landlord would need to file an eviction action; here is information on this (this is for Maricopa county but explains the process which is applicable throughout the state):
http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx

An eviction judgment is a public record and remains on the tenant's record for 7 years, and the judgment may include landlord's legal fees as well. As such if the landlord files for eviction it is possible that will serve as motivation for the tenant to vacate the premises.

Some landlords offer "cash for keys" to encourage the tenant leave and to have the tenant sign a release as to past/future claims. Some landlords consider this the best alternative to help get the tenant out quickly and is often cheaper than litigation though other landlords refuse to do so because of the frustration of paying a holdover tenant to leave.

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Customer reply replied 1 month ago
Would it be considered the same if I put her belongings into the garage, which she has access to. Do not change the locks to the doors. Half of the last month rent was paid in the deposit. The tenant has not paid the second half. It wouldn't do any good to file a judgement because I have done this in the past with no success of collecting. These former tenants have been self-employed or pay scale was low.
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

A landlord is not allowed to enter the unit without the tenant's permission and that is limited to legitimate purposes as well; so if the landlord interferes with personal possessions of the tenant that is generally considered a breach of the implied covenant of quiet use and enjoyment and may also be considered constructive eviction since the idea of renting property is to be able to keep one's belongings there.

Unfortunately the court will generally offer compensation to a tenant if the landlord does not comply with the eviction process. Most states now seem to be more protective over tenant rights than owner's rights unfortunately.

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Real Estate Lawyer: legalgems, Arbitrator replied 28 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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