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    hnbernard's Avatar
    hnbernard Posts: 1, Reputation: 1
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    #1

    Mar 5, 2019, 08:09 PM
    [Code 1881 2054; 1867 p 101 2; RRS 10619. Prior: 1866 p 78 1.]
    My brother has rented a property to a tenant on a month to month contract. She is over a month behind on her rent, she has failed to comply with the terms of the lease, not keeping up property, noise at all hours AND upon Information and belief, she is prostituting in the property. One of her acquaintance threatened my brother. I live in AZ and do legal work here, but it looks like even though there is a month to month lease and he has asked her to leave 3 times and she is late on her rent, possibly conducting illegal activity, etc, he must go through the eviction process and pay fees and possibly wait 30 days to get before a judge? He has given her 20+ days to vacate with 3 separate notices served upon her personally.
    This seems unjust to the property owner. She is disgruntled and I can imagine her retaliating by not paying the rent, destroying the property, doing something illegal in the "duplex" next to his (he has seen vehicles drive by constantly) AND vacate in the middle of the night with no payment or concern for my brother as she already has a criminal background and most likely won't care that he obtains a judgment against her. However, he is now out a few months rent and the costs for repairing the damage done.
    Is there another remedy to expedite this and/or enforce the terms that both parties agreed to? Month to month?
    talaniman's Avatar
    talaniman Posts: 54,137, Reputation: 10852
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    #2

    Mar 6, 2019, 04:15 AM
    You mean beyond getting the cops involved? You may never recoup the lost rent, or damages, but you must follow the local laws, and go through the process. Lawfully his only recourse is an expensive time consuming legal remedy. The sooner he gets his property back, the sooner he can get a judgement for damages, back rent or anything else. Surprised he has not gotten the cops involved if he suspects criminal activity or bad behavior.

    Also surprised he didn't act on his first service of notice to evict. His failure to follow through is what has dragged this out and that has to be corrected.

    Sorry, can't think of any legal shortcuts, just some decisive lawful actions.

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