questions & answers

Question: I rented my house and current tenant doesn't want to pay rent I in Washington how can I get her evicted I had wasted all money making mortgage payments my self. I give a power of attorney to my sister for all financial decisions and to represent me in court but didn't validate the eviction order what should I do know?

Answer:

AZLawHelp Question 22231:

When is a person guilty of Forcible entry and detainer?

A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he:
Willfully and without force holds over any lands, tenements or other real property after termination of the time for which such lands, tenements or other real property were let to him or to the person under whom he claims, after demand made in writing for the possession thereof by the person entitled to such possession.

When a forcible detainer happens: Landlord rights

•When a tenant neglects or refuses to pay rent when due, is outstanding for five days or when a tenant violates any provision of the lease.  The landlord, or the agent of the landlord, may reenter and take possession. The landlord can without formal demand or reentry, commence an action to recover of possession of the premises. A.R.S. 33-361
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00361.htm&Title=33&DocType=ARS

•The action shall be commenced, conducted and governed not less than five nor more than thirty days after its commencement. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs. A.R.S. 33-361
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00361.htm&Title=33&DocType=ARS

•If the tenant refuses or fails to pay rent owing and due, the landlord shall get a lien upon the tenant’s property. The landlord may seize as much personal property of the tenant located on the premises, not exempted by law, as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after the seizure, the landlord may sell the seized personal property. A.R.S. 33-361
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00361.htm&Title=33&DocType=ARS

Forcible detainer judgment

If the Tenant is found guilty forcible detainer:
Judgment for the Landlord for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the Landlord’s option, all rent found to be due and unpaid through the periodic rental period, provided for in the rental agreement, and shall grant a writ of restitution. A.R.S. 12-1178.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/01178.htm&Title=12&DocType=ARS
If the tenant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the tenant notice that if the tenant remains in or return to the dwelling unit without the express permission of the owner of the property, the tenant commits criminal trespass in the third degree. A.R.S. 12-1178.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/01178.htm&Title=12&DocType=ARS

If the Tenant is found not guilty of forcible entry and detainer or forcible detainer:
Judgment shall be given to the Tenant against the Landlord for damages, attorney fees and court and other costs, and if it appears that the landlord has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the Tenant. A.R.S. 12-1178.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/01178.htm&Title=12&DocType=ARS

Landlord/Tenant Assistance in Phoenix
If you live in the City of Phoenix and need assistance, please call the Landlord/Tenant message line at (602) 262-7210 and a counselor will return your call as quickly as possible.

For emergency situations involving Landlord/Tenant issues, please walk in to:
City Hall
200 West Washington, 4th Floor
8:00 a.m.-5:00 p.m., Monday-Friday

A counselor will assist you with the problem. The City of Phoenix Counseling Office holds monthly workshops on the third Thursday of each month. For reservations, please call (602) 256-3517. http://www.azhousing.gov/ShowPage.aspx?ID=29&CID=11

For more information about landlord/tenant issues refer to: http://www.azhousing.gov/ShowPage.aspx?ID=29&CID=11

For a copy of the ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT: http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf