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Updated 20 days ago, 11/07/2024

User Stats

21
Posts
6
Votes
Ivan Smith
  • Investor
  • Dallas TX
6
Votes |
21
Posts

Eviction advice needed in Phoenix, AZ

Ivan Smith
  • Investor
  • Dallas TX
Posted

Hello, i have a tenant in Phoenix AZ area, that has been late in paying rent for last 2 years, due to me being out of state and schedule i finally decided to evict him. He would pay rent usually half around 15th and then the other half around 25th-30th of every month, so he was always a month behind. In August he switched to paying 50% to 75% of rent due and stopped communicating. its a month to month lease so i had to give 30 days. I sent certified mail mid september that was returned from the post office. i eventually flew drove down to the property in beginning of October to post eviction notice on garage and front door. i inspected the property that seemed half way abandoned. Thermostat was off the wall, laundry room filled up to 3ft with dirty clothes trash everywhere, bed frames dissasembled and no water. Water has been off since May according to the city and all plants dead. Food in fridge is from April this year and it basically looks like someone was half way through moving out and then something happened and so a bunch of stuff is still in house. specifically one room filled with about 10 burner phones, 3 tvs, personal clothes, mail, kids personal items and bunch of random stuff new with tags, etc etc. he also had pets which was against lease term. one of the rooms was used as a pet room completely destroying carpet and staining walls with urine etc. 



Today was a month since notice so i called local court and figured out paperwork to file. while looking through bank statements i realized that he has been zelling me random amounts for rent since august and i learned today that if he makes even a dollar payment it voids the eviction process because i "accepted partial payment" according to some regulations in arizona. I unenrolled Zelle so he cant zelle payments this month and going forward.

Question 1. Do i really have to restart the process of doing  a 30 day notice starting from the time he last made partial payment in october? 

2. Will i have to disclose these payments in court during the hearing or do i just say he is behind rent since august. 

3. Should i focus on just one thing in the Complaint? just say rent is not being paid, or should i include things like unauthorized pets and damaging property by not having water on since may and sprinkler system disconnected, damage inside property?....will i also have to furnish proof for those items complicating things?

4. Once judgment is granted can i just throw all his stuff in the trash or do i have to keep it for awhile? 

5. Whats the best way to go about evicting him? i feel like property is abandoned but concerned as there are a whole lot of things normal people would take with them. Even if summons is served at the address noone is there to sign it or receive it when a server tries to serve it. how does it work if server cant reach the defendant. Will court still proceed and grant eviction case in my favor?

Thanks for any advice

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