All Forum Posts by: Doug McVinua

@Kelsey Vander Meulen Leases transfer with the property. You will not need or want a new lease. If you were to enter into a new Lease, you would also restart the Notice periods. Let the old lease roll over month to month. Be sure they receive the Notice of Non-Renewal in October, and the property (unit) should be back in your possession at the end of November. 

On another note, the Property Management agreement does not transfer; it will end at the moment of the recording (sale). 

@Kelsey Vander Meulen , with all the above stated, does the lease state anything different regarding the notice? Some leases are written with 60-day notices, etc., so read the lease as it could trump the statute.

@Kelsey Vander Meulen , it is not essential who delivers the Notice; what is essential is the clarity of its delivery. Hence, the tenant's signature and date on a copy. As long as the tenant receives it and signs a copy, you should be good.

Certified Mail works because the Courts accept this as delivered even if the tenant never picks it up. It seems strange, but some statutes are old and outdated and have a few peculiar elements.

@Kelsey Vander Meulen As a Property Manager in AZ, I would deliver a 30-day Notice of Non-Renewal via Certified Mail at least seven days before the renewal date (when the rent is due). If the rent is due on the 1st of the month, the tenant must be out by the end of the month. Hand-delivered and signed for works as well as certified mail, but I would not just put it in the door.

@Mary Jay , what does your Lease say about the Notice of Entry? Carefully read what you had them sign, notify them via certified mail (generally, 7 days' notice is needed in AZ), and schedule the HVAC person. I agree with the above comments; document everything. 

You must have done everything reasonable, even unreasonable, to cure the issue and document it.

I lost $200.00 once in court because a tenant removed the range and would not let us reinstall it. The range went missing, and we evicted the tenant due to non-payment. The court awarded $200.00 less because the tenant had to eat out due to the lack of a range. We still have a large (uncollectible) judgment and eviction. 

@Daniel Vroman Rusteen In Arizona, most residential transactions are handled without an attorney. I have very rarely had an attorney involved in a residential transaction; I could count on one hand the number of times in 25 years.

In Arizona commercial transactions, agents generally create an LOI and sometimes a contract, depending on the complexity of the transaction. In commercial transactions, attorneys are commonplace.

In my Arizona Property Management business, attorneys often handle evictions very effectively. I have never lost an Arizona Eviction.

Happy to answer any other Arizona-related questions that might arise.

@Josh Darley Josh, I would contact Denise Holiday at Holiday and Holiday (Dr. Evictor) for a consultation. Denise and her firm are the highest-volume and most successful (landlord-only) firm in Maricopa County. Many of my fellow Property Manager firms also use Denise with great success. They know the ins and outs of the statutes and the court system and will be able to give you a solid answer.

Carefully document everything. Given your situation, spending a few hundred on an attorney sounds like a solid investment.

I have never lost an eviction case with Denise and her firm. She lives and breathes Arizona landlord-tenant cases.

I hope the tenants all voluntarily leave for you! Of course, if all three agreed to the change in terms, that would be the easy way out for everyone.

@Albert Johnson We evict one or two people a year in Arizona for various reasons, the most common being non-payment. Dr. Evictor Denise Holiday is one of Arizona's best law firms/attorneys for landlord representation and or eviction. They have the process nailed down and are very efficient. I have never lost an eviction case.

The typical cost of eviction, including serving the Writ, is almost always under $500.00 and accomplished in less than 30 days.

@Chad Lee, Welcome to Bigger Pockets! The greater Phoenix, AZ, market is a fantastic location for real estate!

@Keegan Darby , any assumption would be determined by your Loan Docs (The Note), and the servicer should be contacted to determine the process if it is assumable.