Real Estate: Arizona/Eviction Notice

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Question
Mr. Iannelli.

Thank you for your time.  I have a Arizona renter in a single family residence.  Her contract expired a few months ago so she is renting on a month-to-month basis.  I understand that if I wish to have her move out, I need to give her a 30 day notice that her contract will not be renewed. At the end of that 30 day period, if she has not moved out, do I need to give her a 5 day notice before commencing eviction procedures, or is the original 30 day notice sufficient?

Answer
If they have not moved after the 30 days, they would become a holdover tenant.  
Tenant Holdover: If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater. (Ariz. Rev. Stat. Ann. §§ 33-1375(C))

You would go to court and fill out the forms for tenant holdover.  This usually happens quickly.

Real Estate: Arizona

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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. For buying and selling in Arizona contact me at www.realestatematters.org

Experience

27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. 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 for the Arizona School of Real Estate.

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.

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