Comments on: Illegal Lock Out! Getting back in and getting your property. http://arizonatenants.com/blog/?p=3 Just another WordPress weblog Sun, 19 May 2013 09:26:31 +0000 http://wordpress.org/?v=2.5.1 By: Rev Robert http://arizonatenants.com/blog/?p=3#comment-243 Rev Robert Mon, 23 Feb 2009 09:39:44 +0000 http://arizonatenants.com/blog/?p=3#comment-243 I have been dealing with this new Management company about my November rent and now its almost March and they are still demanding it even though I paid the rent back on Oct 29,2008 to another Management Company that said that they had take over. Now my December, January, February and now March rents have been paid on time or early, can the Management company try to evict me even though I sent them a payment under protest on December 16, 2008 for November. I have the money order receipt, yet they are still claiming I owe for November. I feel I don t owe them squat. what should I do? I have been dealing with this new Management company about my November rent and now its almost March and they are still demanding it even though I paid the rent back on Oct 29,2008 to another Management Company that said that they had take over. Now my December, January, February and now March rents have been paid on time or early, can the Management company try to evict me even though I sent them a payment under protest on December 16, 2008 for November. I have the money order receipt, yet they are still claiming I owe for November. I feel I don t owe them squat. what should I do?

]]> By: meyer http://arizonatenants.com/blog/?p=3#comment-242 meyer Mon, 16 Feb 2009 03:42:11 +0000 http://arizonatenants.com/blog/?p=3#comment-242 how does it work with a commercial lease... can the landlord lock you out?! because my landlord has changed the locks on my warehouse with out any notice. can i sue him?! how does it work with a commercial lease… can the landlord lock you out?!
because my landlord has changed the locks on my warehouse with out any notice. can i sue him?!

]]> By: Alene Wiepert http://arizonatenants.com/blog/?p=3#comment-241 Alene Wiepert Tue, 03 Feb 2009 18:52:42 +0000 http://arizonatenants.com/blog/?p=3#comment-241 I am in the same situation. I am a single mom and have been renting a large house for five years from a property management company in Chandler. Only late on my rent twice, and that was two days late. I started getting forclosure mail addressed to the owner of the house, so I opened it (yeah, sue me). This is not the original owner by the way, from when I moved in. That is how I found out about the foreclosure, and auction April 6th. Then, my daughter accidentally signed for a letter to the "occupant" and "owner" about the foreclosure and auction notice from her mortgage company. But, so far no eviction notice. My property management company says keep paying them the rent then play the victim when I get the eviction notice from the mortgage company and ask for an extra month. Lord, is this right? Who exactly is getting this rent I am paying to my rental company? Who has my deposits? The property management company or the owner? What about the rent I have paid for the month I get the eviction notice in.. I won't have another deposit saved up... and how do you know if it is a court ordered eviction notice or not? Will it be obvious? Is there a stamp or seal I can look for, because legal wording can be copied.. This stress is killing me... and with the auction date of April 6th, I feel like an eviction notice is right around the corner.. I am in the same situation. I am a single mom and have been renting a large house for five years from a property management company in Chandler. Only late on my rent twice, and that was two days late. I started getting forclosure mail addressed to the owner of the house, so I opened it (yeah, sue me). This is not the original owner by the way, from when I moved in. That is how I found out about the foreclosure, and auction April 6th. Then, my daughter accidentally signed for a letter to the “occupant” and “owner” about the foreclosure and auction notice from her mortgage company. But, so far no eviction notice.

My property management company says keep paying them the rent then play the victim when I get the eviction notice from the mortgage company and ask for an extra month. Lord, is this right? Who exactly is getting this rent I am paying to my rental company?

Who has my deposits? The property management company or the owner? What about the rent I have paid for the month I get the eviction notice in.. I won’t have another deposit saved up… and how do you know if it is a court ordered eviction notice or not? Will it be obvious? Is there a stamp or seal I can look for, because legal wording can be copied..

This stress is killing me… and with the auction date of April 6th, I feel like an eviction notice is right around the corner..

]]> By: Tony http://arizonatenants.com/blog/?p=3#comment-233 Tony Fri, 26 Dec 2008 08:01:52 +0000 http://arizonatenants.com/blog/?p=3#comment-233 My situation is i have been summoned to the court and they give me 5 days to pay the rent but i have to pay the next month rent too. By right now I can't afford that. I need 3 more days to get the money. What should i do ? My situation is i have been summoned to the court and they give me 5 days to pay the rent but i have to pay the next month rent too. By right now I can’t afford that. I need 3 more days to get the money. What should i do ?

]]> By: admin http://arizonatenants.com/blog/?p=3#comment-225 admin Sat, 08 Nov 2008 21:05:34 +0000 http://arizonatenants.com/blog/?p=3#comment-225 Greg, Your rights in this regard are very circumscribed. Under A.R.S. § 12-1173.01(A) the lender can put you out with a 5-day notice, as can any new owner who acquired the property through a foreclosure sale. As to your relationship with the previous owner, even without a written rental agreement they had been enshrined as a month-to-month tenancy under A.R.S. § 33-1314(D). But that does not do much good for you per foreclosure. Your position is akin to that suffered by many other renters in Arizona. You are right, you have no recourse, unless you have an action against the former landlord for fraud. I suggest you read our website materials regarding foreclosure eviction, including the legislative changes we are attempting to implement. At this point, I am about to retain a lobbyist to promote these and some additional/adjusted laws in favor of tenants. If you have a social conscience, when you are ready you can contact our office to participate. Sorry to hear about your misfortune. I wish there were something I could suggest to alleviate your immediate quandary. Under current law, there is not. Once the lender or new owner files in court, under A.R.S. § 33-1377 there will be a court hearing in 3-6 days, and under A.R.S. § 12-1178 after five days following an adverse judgment a constable could be locking you out. Do not leave your property behind, because you may find yourself separated from it, with possible negative consequences as to its recovery. We have a link to the landlord-tenant act through our website, in the Links & Resources section. Ken Greg,

Your rights in this regard are very circumscribed. Under A.R.S. § 12-1173.01(A) the lender can put you out with a 5-day notice, as can any new owner who acquired the property through a foreclosure sale. As to your relationship with the previous owner, even without a written rental agreement they had been enshrined as a month-to-month tenancy under A.R.S. § 33-1314(D). But that does not do much good for you per foreclosure.

Your position is akin to that suffered by many other renters in Arizona. You are right, you have no recourse, unless you have an action against the former landlord for fraud. I suggest you read our website materials regarding foreclosure eviction, including the legislative changes we are attempting to implement. At this point, I am about to retain a lobbyist to promote these and some additional/adjusted laws in favor of tenants. If you have a social conscience, when you are ready you can
contact our office to participate.

Sorry to hear about your misfortune. I wish there were something I could suggest to alleviate your immediate quandary. Under current law, there is not. Once the lender or new owner files in court, under A.R.S. § 33-1377 there will be a court hearing in 3-6 days, and under A.R.S. § 12-1178 after five days following an adverse judgment a constable could be locking you out. Do not leave your property behind, because you may find yourself separated from it, with possible negative consequences as to its recovery.

We have a link to the landlord-tenant act through our website, in the Links & Resources section.

Ken

]]> By: Greg http://arizonatenants.com/blog/?p=3#comment-224 Greg Wed, 05 Nov 2008 22:12:42 +0000 http://arizonatenants.com/blog/?p=3#comment-224 I'm in a tricky situation where the condo I am renting was foreclosed upon, and I found out about it immediately before Halloween. As of the First of November, the place is now in the hands of the hard money lender that the former owner lost it to. Today I received a 5-day Notice To Quit. I have never missed rent with the former owner, and I have no agreement whatsoever with the new owner. After reading a summary of the rights and responsibilities at http://www.supreme.state.az.us/info/brochures/landlord.htm it appears that the guidelines ensuring 30 days or two months apply to renters and owners in agreement, but what if there is/was no agreement? I'm in a tough spot, because if I'm going to move in 5 days, I simply can't part with that rent I would normally have paid. I absolutely require it for any place I am about to move into, it is essential. I am not the type of person who abdicates on my agreements. I pay my debts, I usually improve the place I rent while living there and I am a good neighbor, but it doesn't appear that a renter like me has much recourse in this area where there is no agreement whatsoever. 5 days, that's my recourse, apparently. I’m in a tricky situation where the condo I am renting was foreclosed upon, and I found out about it immediately before Halloween. As of the First of November, the place is now in the hands of the hard money lender that the former owner lost it to. Today I received a 5-day Notice To Quit. I have never missed rent with the former owner, and I have no agreement whatsoever with the new owner. After reading a summary of the rights and responsibilities at http://www.supreme.state.az.us/info/brochures/landlord.htm it appears that the guidelines ensuring 30 days or two months apply to renters and owners in agreement, but what if there is/was no agreement?

I’m in a tough spot, because if I’m going to move in 5 days, I simply can’t part with that rent I would normally have paid. I absolutely require it for any place I am about to move into, it is essential. I am not the type of person who abdicates on my agreements. I pay my debts, I usually improve the place I rent while living there and I am a good neighbor, but it doesn’t appear that a renter like me has much recourse in this area where there is no agreement whatsoever.

5 days, that’s my recourse, apparently.

]]> By: admin http://arizonatenants.com/blog/?p=3#comment-50 admin Sat, 30 Aug 2008 01:48:47 +0000 http://arizonatenants.com/blog/?p=3#comment-50 Hi, Nikki, These tenants are equally protected under the landlord-tenant act. See A.R.S. § 33-1314(D). However, a notice of non-renewal would have a different time frame. See A.R.S. § 33-1375(A). That assumes it really is a rental, and not a hotel or inn. Ken Hi, Nikki,

These tenants are equally protected under the landlord-tenant act. See A.R.S. § 33-1314(D). However, a notice of non-renewal would have a different time frame. See A.R.S. § 33-1375(A).

That assumes it really is a rental, and not a hotel or inn.

Ken

]]> By: Nikki http://arizonatenants.com/blog/?p=3#comment-48 Nikki Wed, 27 Aug 2008 20:07:13 +0000 http://arizonatenants.com/blog/?p=3#comment-48 What about people who live in apartments who offer a weekly rate-like Budget Suites, for instance? What rights do tenants have at these tyes of places? What about people who live in apartments who offer a weekly rate-like Budget Suites, for instance?

What rights do tenants have at these tyes of places?

]]> By: nick http://arizonatenants.com/blog/?p=3#comment-18 nick Sun, 03 Aug 2008 04:53:49 +0000 http://arizonatenants.com/blog/?p=3#comment-18 My landlord tried this once till I threatened to sue him. Last month they wouldn't accept payment, this month they may try to pull the same thing... therefore I'm taking my video camera to record everything and may even call a cop to come witness the landlord refusing rent. I think I'll start looking for a better apt complex in which to live. My landlord tried this once till I threatened to sue him. Last month they wouldn’t accept payment, this month they may try to pull the same thing… therefore I’m taking my video camera to record everything and may even call a cop to come witness the landlord refusing rent.

I think I’ll start looking for a better apt complex in which to live.

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