[nourish]

Sticky son-in-law situation. 2 Story-Condo my daughter had before marriage 6 years ago is being lived-in currently by her husband while my daughter is in respite care for a disabling disease. 25+ y/o daughter cannot walk up stairs or take care of herself in the downstairs of her condo because of the 1/2 bath (no shower). I don't foresee her returning to that home.

Problem lies in the $325.00 monthly utility / HOA fee that hasn't been paid by the son-in-law from June 2006 (since daughter in hospital) to present - I've paid the bill for her/his unit out of my checking acct. I am legally on the deed and title solely where my son-in-law lives. But... my agreement with my daughter is that of the two condos' in my name, she has right to one of the condos (she is on the deed and title of the condo I live in, not on the deed/title of her&husbands condo). Can I get back the money? Can I get son-in-law out of my condo?

Addendums to my problem:
1) my daughter has given me Durable POA of her medical and legal rights. So, I am in eviction of son-in-law (gave him written 30 days to leave) but am confused as to my next moves here in Arizona... he didn't leave. I have filed a complaint to leave with Superior Court, but am not sure in AZ how to find when the court date is?

2) My son-in-law has changed the locks on the condo he lives in and my neighbors are saying he is constructing a bath or some construction project in the first floor that I am worried is damaging the structural integrity of the neighbors units. I'd be liable for a lawsuit if something is damaged to the building walls. How can I get in the unit to checK?

3) I believe he is pirating cable service.

4) He continues to have people fixing cars in our community parking lot after dark until daylight... then those scoundrels leave before the light-of-day, and those 'friends' are scary and bother the single woman neighbors by their beer drinking at the cars, and hooting, and these women are now badmouthing me around the complex.

I am asking for a solution. I would like money back from son-in-law plus his moving out of the unit so I can sell it or rent it out. Why? There are so many fines assessed weekly (20 in 9 months) on his violations to the community from complaints of blight and noise and violations to bylaws, that coupled with $2925.00 monthly fees he owes and the $500.00 fines, I have quite a bill that I have paid.

What can I do?

Ethanks
nourish in once-a-nice-quiet-condo-community in Central Phoenix Arizona

[ScottGem]

First I would be concerned with getting him out. See the sticky notes at the top of this forum for eviction proceedings for Arizona. You served him with notice now you need to go to court and obtain an eviction order. You will then need to get a sheriff to physically evict him if he still refuses to move.

Once he has been evicted you can then sue him for the back fees and repairs for any damage he has done to the unit.

[Lowtax4eva]

Yes, if you gave him 30 days notice and have an eviction notice the police would be happy to escort him out and make him give you the keys if everything is in your name. Worry about the money after the fact.

[nourish]

I have taken my son-in-law to court. It's a sad state because daughter isn't able to make decisions and will be living out her life in a nursing home at such a young age. Within a few months, the home will be available to sell or rent.

First court day was yesterday. He didn't have a lawyer, court appointed him counsel (for eviction and detainer).

After eviction is completed, next course will be to try to recoup some monies in the courts.