Im in the middle of foreclosure and also in the middle of a loan modification for my rental home. Being that the property has been vacant I stopped by 2 weeks ago and to my surprise found people moving in (to my property). Later found out someone rented my property using my name . The tenants had a contract signed with my name. The new tenant and her two kids were as shocked as I was . Called the bank and they said they could stay if I wanted to, that it might even help a lot with the process of my loan modification and they also said that they were cahnging the auction date so we could have time to work something out. So I decided they could stay. Signed a month to month lease . I didn't request a deposit or a pet deposit and decided she would only pay $450 the first month being she had already paid someone else. So now the problem is that when I came over to pick up the $450. 00 she said she wouldn't pay it because she had to fix the bathroom faucet and toilet. Now I want to get her out because I have a feeling this will be an ongoing problem every time I try to collect the rent. She saw the property before she signed the lease with a stranger . She is holding me acountable for any damages to the house even after she has no deposit down and hasn't paid me a dime for rent. How can I get her out!! This in the state of Arizona. Please help!!

The eviction process goes like this:

Give her a 3-10 day pay or quit notice. The # of days depends on Az law. Or you can give her a 30 day lease termination notice. The difference is with the pay or quit she can pay and stay.

If she doesn't vacate when the notice expires, you file for an eviction order in the local housing court. A hearing is scheduled. Unless they can show cause why they shouldn't be evicted an order will be issued. If they still don't vacate, you get a sheriff to physically remove them.

You can check with your local housing court or JP as to the exact process.

Did you report the phony lease to the police?

First I would like to thank you. I can't think clearly right now and I appreciate all your help. Yes I did file a police report and they asked me if I wanted they could ask them to leave at that time. I didn't have the heart being that she has two kids . But now things changed and in these few weeks I have noticed she has drug habbits and I know that in the long run I will continue to have problems with this tenant. The person that rented my property out also made keys for her. I wonder how many other people he was managed to steal from .

When I asked about filing a police report I was referring to finding, prosecuting and maybe suing the guy who rented to them.

If he had keys, have you changed the locks? If not, as soon as you get them out, you should change them.

The only information that the tenant had of this guy was a phone number. I did a reverse phone search and found out that it was a cell number from youngstown, Ohio. The tenant did not have any other information but his cell number and his discription. We will definitely change the locks once we get her out. She keeps bringing up that we are in foreclosure so what does that mean that she can do what ever she wants. We can't get her out! I will give her her notice today.

No your foreclosure has no bearing. She signed a lease with you and she has to abide by it.

It is possible that the tenant is a con person, and finds empty homes lies about renting from someone, makes up telephone numbers and stays till they get evicted.

Did she give you reciepts for the work in the bathroom

My gut says she is the con person, and she merely broke into your home and was going to live there free as long as she could

I don't doubt that one bit! If I call the police do you think they can help me get her out ? Or should I just give her a 30 day notice and hope she doesn't destroy my house.

I went to take her the notice and one of her kids came out to tell me that her mother was in the hospital!! Lies all lies OK that does it! Can the police help me get these people out!!

I'm beginning to think that Chuck may be right. She may have gotten keys somehow and claimed that someone had given her a lease.

The problem here is that you signed a new lease with her. That may preclude the police helping you. I would check with the police, explain the circumstances and see what they can do.

If they can't do anything, then use a pay or quit notice to get her out as quickly as possible. Don't try serving it yourself, get a process server to do it. See if a nail and mail type of service is legal.