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About Bill Iannelli
Expertise
Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract.

Experience
20 years in the business. Broker owner of Iannelli and Associates. Have my own real estate radio show "Real Estate Matters" every Saturday afternoon at 1:00 on 1510 AM KFNN. Listen to past shows at my website www.realestatematters.org. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.

Organizations
National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.

Publications
Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.

Education/Credentials
Licensed Real Estate Broker, BS in Education, certified real estate instructor on the code of ethics.

Awards and Honors
Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold

You are here: Experts > Real Estate > Real Estate by Location > Real Estate: Arizona > Writ of Restitution Eviction date extention

Real Estate: Arizona - Writ of Restitution Eviction date extention

Expert: Bill Iannelli - 11/6/2009

Question
I received a writ of restitution with an eviction date of 11/9/2009. What are my possibilities on asking for an extra week? I was out of the state when the notice was placed on my door and didn't get back into the state till after the appeal date was expired. Have been trying to get out but have been delayed with traveling for work.

Answer
If you are not out on the 9th the sheriff or constable will come out and tell you to leave. Sometimes they give a day or two for you to pack up your belongings. You won't get an extra week after missing the appeal date regardless of why. The writ of restitution is a powerful tool. If the court issues the writ and it is served on the tenant, two standard prohibitions of the Landlord Tenant Act disappear. The Act prohibits landlords from shutting off utility services for non-payment of rent. However, if a writ of restitution is issued by the court, the landlord may turn off utilities to the residence the following day. The Act also prohibits landlords from locking tenants out and seizing their property for non-payment of rent. But, if a writ is executed on the residence the landlord may lock the former tenant out the same day the writ is served. Talk to the sheriff and see what they will work out but my experience is maybe an extra day or two if you are lucky. This is not intended to be legal advice.

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