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timos

Registered: 07/09/07
Posts: 3
Reply with quote  #1 

I would like to know some options and legal advise on evicting my tenant and also collecting past due rent

 

This tenant has not been paying rent from for past three months due to some family circumstances. I had given extension for a month. Even up today, there has not been a single payment made.  I have given a eviction notice for PAY RENT OR QUIT in 20 days. The tenant has not settled or discussed his payment plan satisfactorily. This tenant has lease the house for 12 months which ends Dec 2007.

 

How do I collect his past due without much hassle?

What are the ways to confirm this money?

What are the things need to be done before the eviction?


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hello1
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #2 

Why did you give a 20 day pay or quit notice?  Most states require only a 3 or 5 day pay or quit.  Find out the correct timeline for your state, and serve the correct notice.  If he doesn't pay up within that time, file for eviction.  If you are not sure of the procedures, hire an eviction attorney to handle this.  Do not speak to the tenant after you file.  Only communicate in writing to create a paper trail.  You are in luck because you live in AZ.  Once you have a monetary judgement against him, your state has automatic garnishment laws.  You will be able to get your money as long as he has a job within the state.  Quit letting the tenant give you a sob story and treat this like a business.  Good luck.

timos

Registered: 07/09/07
Posts: 3
Reply with quote  #3 
Thank you for response and was very helpful.

I filed the case against my for unpaid rent and to eviction.
What if the tenant willing to move out one of these days?  How do I deal with him/her as returning the keys? Is this appropriate to talk to him/her without a constable or mediator? how does a tenant move out? Is there a official form that I have to use for release him/her from agreement.



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hello1
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #4 
If the tenant moves out before the eviction case is heard, accept the keys and give them a receipt for the keys.  This proves that they turned them in.  After they are gone do a move-out inspection.  Try to do this after they are gone if possible to prevent from having more contact with them.  If you must do it with them because of state law or their demands, take a witness with you.  Note on the move-out that they may be charged for other damages that are found after this inspection, but before another tenant moves in.  This covers you in case you miss seeing some damage during this short inspection.  Do another inspection the next day.  (You'd be surprised what you see that you missed the first time after just a day.)  Then go to court as scheduled and show the key receipt to the judge showing that they moved out and when they surrendered possession.  He will then dismiss the eviction part.  Continue with the monetary damage hearings though.  It is easier to collect on damages where you are, with the garnishment laws you have.

Additionally, don't sign anything to release them from the agreement.  That will hurt you when you go to get the monetary judgement.  Just accept the keys and let them go saying as little as possible.  If they ask about their deposit, only say that "it will be returned according to your state law".  You probably won't be returning any of it, but you will return the itemization as required by the laws on deposits in your state.
timos

Registered: 07/09/07
Posts: 3
Reply with quote  #5 
Thank you again for valuable information,


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