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Updated about 3 years ago on . Most recent reply

User Stats

26
Posts
11
Votes
Jim Garrett
  • Investor
  • Tucson, AZ
11
Votes |
26
Posts

Lease expired and tenant isn't leaving. What can I do?

Jim Garrett
  • Investor
  • Tucson, AZ
Posted

I'm lucky.  I've been an investor for 4 years in AZ, have 12 units and just now am having my first bad tenant experience.  This tenant was consistently late with rent, but had made good faith efforts and stayed in communication so I granted a month-to-month extension of the lease in September.  She has since fallen more than 2 months behind so I gave her notice on 12/1 that I would be terminating the lease effective 12/31.  She made a payment toward November rent on 12/31, but has since gone silent, not responding to calls, emails or texts and now today her phone has a recorded message saying it's out of service.  I went to the apartment on 1/8 and could tell she was there, but she wouldn't answer the door.  I posted on her door the required 5 day notice to pay rent, make arrangements or vacate and documented it with a photo, which I texted and emailed to her.  What are my options now?  Since her lease is expired, can I just change the locks after 5 days and move her stuff out or do I still have to go through the eviction process in court?  Any advice is greatly appreciated! 

Jim

  • Jim Garrett
  • Most Popular Reply

    User Stats

    743
    Posts
    496
    Votes
    Chad McMahan
    • Residential Real Estate Broker
    • Sedona, AZ
    496
    Votes |
    743
    Posts
    Chad McMahan
    • Residential Real Estate Broker
    • Sedona, AZ
    Replied
    Originally posted by @Jim Garrett:

    I'm lucky.  I've been an investor for 4 years in AZ, have 12 units and just now am having my first bad tenant experience.  This tenant was consistently late with rent, but had made good faith efforts and stayed in communication so I granted a month-to-month extension of the lease in September.  She has since fallen more than 2 months behind so I gave her notice on 12/1 that I would be terminating the lease effective 12/31.  She made a payment toward November rent on 12/31, but has since gone silent, not responding to calls, emails or texts and now today her phone has a recorded message saying it's out of service.  I went to the apartment on 1/8 and could tell she was there, but she wouldn't answer the door.  I posted on her door the required 5 day notice to pay rent, make arrangements or vacate and documented it with a photo, which I texted and emailed to her.  What are my options now?  Since her lease is expired, can I just change the locks after 5 days and move her stuff out or do I still have to go through the eviction process in court?  Any advice is greatly appreciated! 

    Jim

     Hi Jim.

    It's unpleasant, but this happens. DO THINGS BY THE BOOK. Do not change locks or do anything else like that. I recommend you hire an eviction service and have them do this for you. Learn from them, throughout the process, so you know how to do it next time. Hire them quickly and get the balls rolling.

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