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Thread: OT | Evictions

  1. #1
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    No good OT | Evictions

    Does anyone know how long the eviction process takes in AZ? Say if the rent was due on May 1st. Could I be kicked out and / or incur any legal fees by June 9th? I'm going to be contacting an attorney in the morning but wanted to see if anybody here has any advice.

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    ... and if we just ...

    I have no advice,but you have money for an attorney and none for rent? Now that is funny!

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    Why don't you just pay rent. You signed a lease and the assuming your landlord is living up to his or her part of the deal then you should pay up. Maybe you should shut off your internet, sell a bike or stop drinking beer so you can pay what you owe. Back on topic, you probably don't have to be evicted by June. They will first need to send you a pay up or quit letter which will give you 5 days. If you don't pay up then they will need to give you an eviction notice and then get a judgement against you. If they do evict you and it is shown that you are at fault and owe them money they can and should put a lien on anything you own and possible garnish your wages. Why are you concerned about getting evicted, is it because you haven't paid rent?? or something else?? Do a search for Arizona Landlord Tenant Act for the specific laws that may be applicable.

  4. #4
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    Quote Originally Posted by AKamp
    Why don't you just pay rent. You signed a lease and the assuming your landlord is living up to his or her part of the deal then you should pay up. Maybe you should shut off your internet, sell a bike or stop drinking beer so you can pay what you owe. Back on topic, you probably don't have to be evicted by June. They will first need to send you a pay up or quit letter which will give you 5 days. If you don't pay up then they will need to give you an eviction notice and then get a judgement against you. If they do evict you and it is shown that you are at fault and owe them money they can and should put a lien on anything you own and possible garnish your wages. Why are you concerned about getting evicted, is it because you haven't paid rent?? or something else?? Do a search for Arizona Landlord Tenant Act for the specific laws that may be applicable.
    Ok, I need my internet for my business, I only have one bike and I don't drink beer. All that aside. The house I'm renting is being foreclosed on. the owner has not paid his mortgage since December. The leasing company has already sent the delinquency notice. A few months ago I was told by a real estate attorney to stop paying rent but didn't stop until this month. The sale date on the house is June 9th so If i can make it till then without having to pay rent It would help out with my moving expenses. Business has been slow lately and I'm just trying to save some money for this F*d up situation I've been put in.

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    Quote Originally Posted by Ry-daddy
    Ok, I need my internet for my business, I only have one bike and I don't drink beer. All that aside. The house I'm renting is being foreclosed on. the owner has not paid his mortgage since December. The leasing company has already sent the delinquency notice. A few months ago I was told by a real estate attorney to stop paying rent but didn't stop until this month. The sale date on the house is June 9th so If i can make it till then without having to pay rent It would help out with my moving expenses. Business has been slow lately and I'm just trying to save some money for this F*d up situation I've been put in.
    I am not an attorney and don't have any experience in these matters but.....
    My wife (a former real estate agent, landlord, and personally experienced in landlord/tenant disputes) says I should give this advice:
    Stay in the house till the sale, don't trash the place or remove any fixtures.
    The foreclosing lender MAY offer you compensation for vacating peacefully within 10 days.
    You may want to start moving your stuff, but remain in the house until given notice by the lender.
    If you are serious about contacting an attorney be aware they charge by the minute and have your questions ready.

    Best of luck to you.
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    Sorry to hear about your situation, what a mess. The good thing is you’re not really on the hook for anything but the pain of moving unexpectedly. A lot of people who had no idea what they were doing thought they were going to get rich during the last house boom so your situation is unfortunately common.

    Why not contact the bank and see if they would sell it to you? Perfect opportunity to get a place at a steal.

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    SBJ: Thanks for the advice. Thats what were hoping to do and already planning on. Its called "Cash for Keys". I've heard about people getting anywhere from 1-2k just for moving out and leaving everything in tip top shape.

    AKA MB: I've already thought about that option, But I have to wait until after the sale date to approach the bank about buying the house. I tried a few months ago and got shot down b/c they don't have possession of the house yet.

    Believe me, I've been through my options on this. I just want to make sure I'm not going to get hit with some ridiculous legal fees for not paying 1 months rent. Maybe I should just suck it up and pay the douchebag one more months rent.

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    I am an apartment manager and if I get someone who does not pay rent I have to wait until the 5th to file a notice. After that I can file with the court and get a date to show up in court. This usually takes a week or so. Then we go in front of the judge and he says pay rent or get out basically by a agreed upon time. You could stay until they come and kick you out but they will need the sheriff to do that. Just don't pay rent and try and find something as fast as you can before it makes it to court. I doubt the bank is going to come after for rent and the previous owner surely won't even show his face in front of a judge to collect from you since I believe he still technically owns it till the bank takes possession. Don't give this guy any rent. He really won't want to show up in court and tell the judge "this guy owes me rent, but oh yeah I have been snaking his rent and not paying my mortgage". I know our court fees we charge are only 175 bucks but it I am sure it won't come to that. Just get out ASAP and away from this moron.

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    also, did you pay a security depoist or first/ Last months rent when you moved in? if so count that for you last months rent, chance of geting any deposit back is going to be slim if he cant/isnt pay the bank

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    If the owner stoped paying the mortgage, but is still collecting rent from you or wanting/trying to I believe that would put him in a huge legal bind if he tried to go after you for not paying.

  11. #11
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    Quote Originally Posted by Ry-daddy
    Ok, I need my internet for my business, I only have one bike and I don't drink beer. All that aside. The house I'm renting is being foreclosed on. the owner has not paid his mortgage since December. The leasing company has already sent the delinquency notice. A few months ago I was told by a real estate attorney to stop paying rent but didn't stop until this month. The sale date on the house is June 9th so If i can make it till then without having to pay rent It would help out with my moving expenses. Business has been slow lately and I'm just trying to save some money for this F*d up situation I've been put in.
    Well it sucks to be in the position your in, but unfortunately you're not alone. While I cannot speak for AZ. specifically, the process goes something like this:

    Mortgagor gets notice of intent to foreclose by Mortgagee
    Mortgagee files foreclosure with county
    County gives notice of Foreclosure sale
    Mortgagee usually redeems at Foreclosure sale
    Mortgagee sells asset to REO bank
    Reo bank assigns property to Asset Manager
    Asset Manager assigns property to Realtor
    Realtor does a BPO and inspects property for occupants and personal property
    If personal property is on premise or it is occupied, Realtor may offer cash-for-keys or have to do a personal property eviction with a sheriffs deputy on site.
    Realtor submits BPO to bank
    Bank tells Realtor what price to list property for.
    Realtor puts property on MLS

    The whole process can take anywhere between 7-18 months depending on the bank. This is how the process works in the state of CO. If the public sale date is June 9, then I would not pay anything until you get notice to evict or cash-for-keys offer by Realtor. All you are doing is giving rent to the owner, while the property is being foreclosed - you might as well put it in a pile and burn it. The best possible scenario for you is a cash-for-keys deal from the authorized agent or Realtor representing the bank. There is little chance of you redeeming the property at public sale, and once it is foreclosed the bank wants to get it sold ASAP.

    Sorry to hear about your situation, I see this happen weekly and it sucks.
    The more I drink, the smarter you get.

  12. #12
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    You are bound to pay the rent per your lease. The landlord can evict you if you fail to pay the rent regardless of the fact they may be in foreclosure. The entire process for eviction takes about 30-40 days if done properly. You have to first receive a 5 day notice to pay rent before the landlord can start the process. This is required.

    The lease is void if the house is foreclosed on. This means you will have no legal obligation to honor the term of the lease.

    I think you should still pay the rent while you are there. Simply because you are living there. However, if the landlord has a security deposit the chances of him giving it back are very slim so you may want to tell the landlord to apply that to rent. It really isn't supposed to work that way but what's he going to do? You could pay your rent and then if he does not release your deposit take him to court. I he does not properly document what he is charging you for within 14 days you could be entitled to 3 times your security deposit. The downside to this option is how are you going to collect it? It may be a waste of time and money.

    However, if you choose not to pay rent and the landlord does not pursue eviction you will be there for free.

    If there is an eviction process that gets initiated you will have plenty of warning of when you will need to be out before the sheriff comes to remove you.

    Please feel free to consult an attorney as I am not an attorney. I am an Arizona State Real Estate Broker and former owner (just sold) of a property management firm that managed nearly 200 residential properties in AZ.

  13. #13
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    this is more common than you think. I share exec. office space with some realtors who do property management, and this happens to their tenants at least once a month (they manage 100+ properties). Its basically investors who bought on a ARM loan, and they planned to sell it before the ARM went up, but then their plan backfired, and they cant afford the new payments.

    I'll ask one of them when i am in the office monday, but if you have paid up till may, and are leaving in june, its pretty grey. I understand you now wanting to pay the guy who isnt paying the mortgage, but the lease is binding till the bank owns it. the rest is between the bank and him.

    Sorry for the surprise on your house. I'll keep my ears open for any photo work for you.
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  14. #14
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    Thanks to everyone for all your input.
    I went ahead and paid rent for this month. After talking to an attorney it just seemed like the better thing to do. He was saying how eviction can happen really fast (as little as 10 days ) in AZ. Plus all the legal fees if the management company decides to have an attorney on their side. He did say that since it is through a leasing company that there is a great chance of getting my deposit back. Only a few hundred bucks but its still much better than nothing. But when it comes to june rent I'm not giving them a dime. The house will be sold back to the bank before they can do anything about it.

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    you only have a great chance of getting your security deposit back if the deposit is being held in a "brokers trust account" most management companies use one but some don't. Also, some do not require that security deposits be placed in trust but rather send them to the owners. Check this out with the management company or see if it is indicated on your lease.

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    Sorry about my post earlier, it may have come off as a little rude, probably because I own a 4plx and have a hard time sometimes with my jackass tenants paying rent. For some reason they don't always feel that it is needed. Your situation sucks and I am sorry to hear about it. It is a good thing that you paid rent, your lease agreement with the landlord has nothing to do with the fact that he isn't paying his mortgage so even if he loses the house he could still come after you for non-payment. Is this a house that you like?? You may not be in the situation or you may not want to but maybe this could turn into an opportunity for you. You could contact the owner and ask if you could buy the house for what he owes on the note. Assuming (and this is a big assumption in this day and age) he doesn't owe more than the house is worth you may be able to get a good deal on a house. It would be much better for him to sell the house at a loss and not have the forclosure on his credit. You could also possible contact the back and see if there is anything you could do right after the forclosure. Good luck with everything.

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