Legal Question in Real Estate Law in Arizona

Eviction

I have a tenant that is late every month and has not paid this month at all. We posted the 5 day notice which is up today at 5:00PM. My questions are, does he now owe the entire lease? I gave him an option to have prorated January plus late fees and he did not. ALso, his dad cosigned the application that allowed us to approve him as a tenant. His dad did not sign the actual lease. He is liable as well since he cosigned the original application.


Asked on 1/14/07, 2:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Eviction

Dad will not be liable unless he signed the lease. At 5:00 p.m. your tenant probably owes all current and past-due rent and any penalties and interest thereon. Read your lease for the specifics. Once the deadline has passed and if your tenant has not paid, then you will file a forceable entry and detainer action with the justice of the peace and follow the procedures for eviction. The JP's office has all of the forms and instructions that you will need.

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Answered on 1/14/07, 5:07 pm


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