Arizona Foreclosures
What is the recourse for landlord when the tenant breaks the lease in Arizona?
I have a tenant who signed a lease to rent my property for one (1) year. They now want to break the lease to move back to their home state. They said they would pay for another month, and let the security deposit cover one other month. The lease is finished in February. Further, they said they check and found my house is going into foreclosure. Their attorney told them to stop paying, they don’t to pay the rent. That is untrue, I am behind, but not in Prue What is my remedy since I was depending on their monies to pay the mortgage on the home. What is my remedy?
They are paying you 60 days (essentially) rent when they won’t be there, as a landlord thats actually very good. Also, since they are moving out of the state (assuming that’s true) it would be nearly impossible to serve them to take them to court for other money owed. If I were you I’d just say ok, and let them go. Then get the place in good shape and rent it out to someone else and heck, maybe you’ll be able to get someone in there before the 60 days are up.
Honestly, the remedy is to take them to court for the unpaid rent, but you’ve got to be able to find them and have them served within the current county to do this. Then even if you did this and took them to court and won the judgement, how are you going to enforce it. If they just flat out refused to pay it you could really hurt their credit, but without them having many hard assets (and being in another state) it will be very hard to force them to pay.
Again, its not perfect but I’d say take the 60 days rent and let it go – its the best you can probably do.
One other caveat though, do a through inspection of the place before agreeing to this and make sure there are no damages. Also try to get them to sign something stating they are responsible for the utilities up until the time they leave (again maybe hard to enforce this, but it gets it in their minds to pay these).
3860 Ravello Dr – Lake Havasu AZ Foreclosures
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