If you have a tenant you wish to evict for any reason other then non payment you can but if you mention non payment at all in the complaint the process will be stopped, read into that what you will
Originally posted by @Account Closed:
Originally posted by @Account Closed:
My question would be clarifying my understanding of the order about how a tenant has to serve the landlord with the declaration, and then the landlord could supposedly face fines and jailtime for continuing with the eviction.
Then separately I read how courts would independently assess if the declaration actually held water.
I wasnt sure if the criminal penalties are only for self-help evictions, which are already illegal, or theoretically could be applied just for filing the eviction even when i doubt the validity of the tenants declaration, even though apparently the courts are willing to look at the (civil) eviction case.
This all really does feel like the legal version of the upside down in stranger things.
In AZ "self-help evictions" are legal as they are in many states.
The important thing is to have proof they lied. If you contact their employer and the employer says they have been working all of this time then you have a case.
I approach it from an "inform and research" angle. If I get presented with such a declaration, I'll inform the tenant that there is a possible 5 year prison term and $250,000 fine for misrepresenting information on the declaration. If they choose to go forward with the declaration, I'll send by certified mail, that they need to provide to me all pay stubs and bank statements since Jan 1 2020. We have a duty to protect the integrity of the moratorium and the integrity of our business as landlords.
If they fail to produce the stubs or provide proof they meet the qualifications, I'll (my attorney) will show that evidence to the eviction court and then we will pass the evidence on, in this case to the FBI, for consideration of investigation.
I'll let the tenant know what we are preparing to do, but if they are out of the property in 48 hours we will not refer it on. It's their choice. Then, we will wait and see what they do.
If they still refuse to move on, I have deeper pockets for seeing things through to the end than they do and I'll get the proper authorities involved.
I'm currently evicting a tenant for changing the locks and not providing me with a key or access as required by state law and by the lease agreement. I expect they will attempt to use the moratorium as an excuse. That is why the eviction is about changing the locks, not about the money they owe. Always think ahead.
