Trying to help a relative find his eviction date range.

[Hoosier-Daddy]

What is the name of your state? Arizona (Phoenix)

A nephew is being evicted from his apartment lease for the 2nd or 3rd time for non-payment of rent. He has the funds but can not set up any automatic payments. On the previous evictions, relatives got involved to help him catch up literally a day before the law arrived. This time the landlord is refusing to cash any back-rent check. Landlord won't talk to 3rd parties. Nephew discards any and all mail and services.

Just hoping for some way a relative might be able to find out how long he has so we can plan.

Probably not relevant since all I want is to nail down when he will be physically removed, but in case it is:

He had been living on the street for many many years. Can't seem to hold any job and claims no desire to. He has had this apartment for a few years now because he inherited some money that is doled out to him month by month by a trustee who mails a rent check. The amount is guessed because the landlord won't send the bill anywhere except the tenant who won't forward it on. Each eviction started due to damage he was responsible for was added to the bill resulting in a check not covering that. Landlord policy is to not cash any check that does not bring current. x months later, they go to court to evict. I suspect he is informed by the landlord every step of the way but ignores or does not understand.

Rent checks are sent by carrier with signature receipt. Yes, going forward if paying by check, trustee should make sure checks are cashed promptly, to give months warning rather than days.

 

[quincy]

Here is a link to Arizona eviction information (there are other links to the statutes provided along with the information):

https://www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Landlord-Tenant-Disputes-amp-Eviction/Non-Payment-of-Rent

Is your nephew a drug or alcohol abuser, or does he have a diagnosed (or possibly undiagnosed) mental impairment that is at the root of his seeming inability to hold onto a job or pay his rent on time? Rescuing the nephew from his irresponsible actions (or inactions) will be a never ending task if the underlying cause of his behavior is never addressed.

 

[Hoosier-Daddy]

Thanks. That site doesn't seem to tell how to look up the status of a particular case but may give me some useful clues.

I may have access to a copy of a bill that shows all the court costs. Maybe I can match the descriptions to steps in the process and when those happened.

The nephew told me weeks ago he had been informed the judgement had already happened. Since then, I've been focusing on getting the landlord a check well above everything he owed plus another month to boot. They have had it for more than a week but haven't cashed it. They can't be required to withdraw a judgement and am thinking they have decided 3 times is too many and are just waiting for the sheriff and are happy if he doesn't fully realize to avoid certain reactions.

I don't have a lot of hope he will get help overcoming his condition. One parent seems to be in denial and lashes out at any hint of a serious problem which seems obvious to many of us. He has burned thru multiple relatives who took him in decades ago only to have him trash the place and/or force them to go to court to evict him.

 

[quincy]

What is the name of your state? Arizona (Phoenix)

A nephew is being evicted from his apartment lease for the 2nd or 3rd time for non-payment of rent. He has the funds but can not set up any automatic payments. On the previous evictions, relatives got involved to help him catch up literally a day before the law arrived. This time the landlord is refusing to cash any back-rent check. Landlord won't talk to 3rd parties. Nephew discards any and all mail and services.

Just hoping for some way a relative might be able to find out how long he has so we can plan.

Probably not relevant since all I want is to nail down when he will be physically removed, but in case it is:

He had been living on the street for many many years. Can't seem to hold any job and claims no desire to. He has had this apartment for a few years now because he inherited some money that is doled out to him month by month by a trustee who mails a rent check. The amount is guessed because the landlord won't send the bill anywhere except the tenant who won't forward it on. Each eviction started due to damage he was responsible for was added to the bill resulting in a check not covering that. Landlord policy is to not cash any check that does not bring current. x months later, they go to court to evict. I suspect he is informed by the landlord every step of the way but ignores or does not understand.

Rent checks are sent by carrier with signature receipt. Yes, going forward if paying by check, trustee should make sure checks are cashed promptly, to give months warning rather than days.

Thanks. That site doesn't seem to tell how to look up the status of a particular case but may give me some useful clues.

I may have access to a copy of a bill that shows all the court costs. Maybe I can match the descriptions to steps in the process and when those happened.

The nephew told me weeks ago he had been informed the judgement had already happened. Since then, I've been focusing on getting the landlord a check well above everything he owed plus another month to boot. They have had it for more than a week but haven't cashed it. They can't be required to withdraw a judgement and am thinking they have decided 3 times is too many and are just waiting for the sheriff and are happy if he doesn't fully realize to avoid certain reactions.

I don't have a lot of hope he will get help overcoming his condition. One parent seems to be in denial and lashes out at any hint of a serious problem which seems obvious to many of us. He has burned thru multiple relatives who took him in decades ago only to have him trash the place and/or force them to go to court to evict him.

It is possible that any judgment against your nephew has been sealed but you could try the following site to see if you can unearth the landlord’s court action against him:

https://www.clerkofcourt.maricopa.gov/records/obtaining-records#:~:text=e-Access provides convenient 24,please visit the eAccess webpage.

 

[adjusterjack]

I think evictions are handled in the Justice Courts.

Try the Justice Courts case search page.

Case Search (maricopa.gov)

 

[quincy]

I think evictions are handled in the Justice Courts.

Try the Justice Courts case search page.

Case Search (maricopa.gov)

You’re right.

 

[adjusterjack]

I was once a landlord in Phoenix.

 

[Hoosier-Daddy]

I think evictions are handled in the Justice Courts.

Try the Justice Courts case search page.

Case Search (maricopa.gov)

I had already. Nada

 

[Hoosier-Daddy]

I was once a landlord in Phoenix.

Did you only use past tense to avoid me sending him to you?

 

[Zigner]

It sounds to me like the LL doesn't want your nephew living there anymore. Why should he deal with the headache (that goes beyond just late rent)? If he accepts rent, then he will just be prolonging his headache.

 

[adjusterjack]

Did you only use past tense to avoid me sending him to you?

I sold my rentals 25 years ago and never looked back.

 

[adjusterjack]

I had already. Nada

Hmm. The prior eviction cases should have come up.

Try calling the Justice Court tomorrow.

 

[Hoosier-Daddy]

Hmm. The prior eviction cases should have come up.

Try calling the Justice Court tomorrow.

Will do. Thanks

 

[Hoosier-Daddy]

It sounds to me like the LL doesn't want your nephew living there anymore. Why should he deal with the headache (that goes beyond just late rent)? If he accepts rent, then he will just be prolonging his headache.

I don't doubt they don't want him. But they would if he had not repeatedly fell behind on his rent primarily because of the landlord's policy of refusing any payment that does not bring account current.

It was only after my nephew signed the lease, that the trustee realized they could not count on him paying the rent at all. The Landlord refused to discuss tenants with any 3rd party. The best option the trustee came up with was to send a check well in excess of what they thought it could ever be and then hope to convince the nephew to show them any bill in the future and skip a payment if the balance allowed that. They were never able to see any bill.

After he caused some damage, the following bill was more than the check by not very much, we believe they notified him he had to pay the full mount which he ignored. That meant all subsequent checks went uncashed until he was many months in arrear and eventually mentioned to the trustee he was hand delivered something saying his removal was imminent.

I can't fault the landlord but think their system was not in anyone's best interest since aside from the court costs and late fees the sum of the uncashed checks over multiple months was likely more than he owed since all but the one that triggered this were more than he owed by design.

At this moment, the only hard evidence the trustee has pointing to eviction is checks going uncashed. The nephew could even be misrepresenting anything else.

It took a LONG time to get him into this lease since he has zero income and had zero references. I suspect it will take as long or longer with a new landlord but hopefully the trustee will refuse any solution that does not guarantee they will see at least copies of the bills.

Until he is actually thrown out, I doubt the trustee will try to find a new lease.

 

[Zigner]

Why would a landlord want to keep a tenant that continually causes damages requiring repair?
Think about your home...would you want to keep repairing a hole in your wall, or would you prefer there not be a hole there in the first place? I really don't think this is about money anymore.