Eviction - Changing Locks - Property Contents

[lilycakes]

What is the name of your state?What is the name of your state?What is the name of your state? Arizona

We are not experienced landlords though we have rented before and always to wonderful tenants but that is not the case this time. Basically now this boils down to that we gave our tenant a written 30-day eviction notice because of rent due since June.

I've become concerned the tenant will not vacate and am getting that feeling that this scenario is probably highly likely. If that's the case, can I simply have the locks changed once those thirty days are up?

I'm also concerned about the tenant's contents of the house. There's a very large, secure storage shed which is accessible from the street and keyed the same as the house. Hopefully, the contents would all fit but that's unknown yet -- it's large but it may or may not handle it. I'm thinking we could refrain from changing that particular lock allowing the tenant access to that shed BUT I'd need that shed empty in order to rent to the next tenant.

Would I need to present the tenant with some sort of timed availability to the shed or the contents will be disposed of or should I have it all professionally moved to a storage facility and could I try to recoup those costs if that were the case?

I appreciate any input/knowledge. This is miserable.

 

[treese]

We are not experienced landlords though we have rented before and always to wonderful tenants but that is not the case this time. Basically now this boils down to that we gave our tenant a written 30-day eviction notice because of rent due since June.

You cannot "evict" the tenant, only the court can. You should have served a 5 day notice to pay - back in June and started the eviction process then.

Your written notice is a notice to terminate or vacate, which still must be followed up with an eviction through the courts.

I've become concerned the tenant will not vacate and am getting that feeling that this scenario is probably highly likely. If that's the case, can I simply have the locks changed once those thirty days are up?

No, it is illegal.

I'm also concerned about the tenant's contents of the house. There's a very large, secure storage shed which is accessible from the street and keyed the same as the house. Hopefully, the contents would all fit but that's unknown yet -- it's large but it may or may not handle it. I'm thinking we could refrain from changing that particular lock allowing the tenant access to that shed BUT I'd need that shed empty in order to rent to the next tenant.

Don't touch anything until you have legal possession ordered by the court.


http://www.supreme.state.az.us/info/brochures/landlord.htm

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/2004/Landlord_Act.htm

http://www.keytlaw.com/leasinglaw/azevictions.htm

 

[lilycakes]

Wow. That's more than a bit of a blow.

Thank you VERY, VERY much. I truly appreciate your taking the time and the effort to respond.

Live and learn. This is going to be an extremely hard lesson learned.

Thank you again.

 

[Kazzie]

landlord/tenant issues go through the court system pretty quickly when compared to other cases. I filed Aug. 16 for eviction, won my case Sept 7 now just waiting for Sheriff to serve (that's actually taking the longest).

 

[Who's Liable?]

Judges tend to favor the LLs in AZ, so that will get you in a better position...

One other thing I noticed that wasn't included in the links you were given:

Sending a letter via CRRR is the best way to send a letter of eviction, because even if the tenant refuses to sign for it, there is an AZ state statute that states the letter is "delivered" you don't need to get a stamp from the USPS showing they tried to deliver...

When the letter comes back(after the tenant refuses signature) you MUST NOT open it as it becomes evidence that what you said is indeed inside the letter... Give it to the judge...