I moved in with a guy, who is not on the lease. His boss' name is on the lease, and now he's been fired. We're late a couple days, and the landlord is threatening to change the locks. Doesn't he have to give us a little time? He served a 5-day notice, but said we have to be out tonight by midnight. This is in Phoenix, AZ. Anyone know??
2007-03-03 12:30:28 · 12 answers · asked by flip4it 4 in Business & Finance ➔ Renting & Real Estate
you can't be locked out without a court order, lease or no lease.
all you got was a pay up or quit notice. if you don't pay he will take you to court and have you evicted.
this is from az state law and as you can see he has to file in court and get a judgment in his favor first.
If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.
2007-03-03 13:03:08 · answer #1 · answered by YumYumTree 2 · 1⤊ 0⤋
The landlord has to take you to court and get an eviction hearing before he can kick you out. He cant change the locks without a court order and if he does you can press criminal menacing charges. Until the sheriff comes and tags your door you are all right.
He will evict all parties that live in the apartment and state that in the court order, and he can evict you even if you arent on the lease.
it usually takes 10-15 days for a hearing to evict you. 10 days for the court date and then another 4-5 days to execute at which time he tags your door. If he has contact with you and threatens you just call the police on him and file criminal menacing charges against him. You can also call legal aid and see about getting some free legal help if you need it.
good luck.
2007-03-03 20:38:10 · answer #2 · answered by georgepardos 2 · 1⤊ 0⤋
Most state laws require the same eviction notice whether you are on the lease or not if he allowed you to live there as a tenant. I don't know specific laws of AZ, but any property management company, real estate agent, or real estate lawyer should be able to give you a complete answer for your situation.
2007-03-03 20:37:45 · answer #3 · answered by Brian G 6 · 1⤊ 0⤋
I manage properties in California. In California, the land lord will need to go through the eviction process. He/she cannot change the locks. The eviction (if done correctly) will also include persons who live in the residence but are not on the lease.
You should do the right thing and just move.
Regards
2007-03-04 01:14:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
most states require a minimum of 30 days- 90 days in an evictions and with no lease with him he has to grant at least 30 days -60 to find a new place to live no police will come with him and just throw you out in under the 30 day period . so don't let him bull you and as long as you don't leave house alone he can't change the locks. which would be illegal but tough to do anything about. if he does and if you break in to pace after that you are guilty of a crime.
2007-03-03 20:40:43 · answer #5 · answered by chezenrice 1 · 0⤊ 1⤋
I think he has to give you longer to get your things out. He doesn't necessarily have to give you longer to pay the rent, especially since you aren't the ones who actually signed the lease. If you feel like he owes you more time to move your things, contact an attorney. It will be difficult for you to fight it though, since neither of your names are the ones on the lease.
2007-03-03 20:33:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't know Arizona law but most states require a 30 day notice.
2007-03-03 20:33:25 · answer #7 · answered by CctbOh 5 · 1⤊ 0⤋
nope. The lease laws only apply to those on the lease. Legally, he can kick you out with no notice.
2007-03-03 20:32:39 · answer #8 · answered by Jamie 5 · 1⤊ 2⤋
If you are not there legally, as in on the lease, you have no rights at all
2007-03-03 20:33:20 · answer #9 · answered by Anonymous · 2⤊ 1⤋
LOL, ABSOLUTELY you can and should be evicted.
He can't just change the locks though.
2007-03-03 21:40:57 · answer #10 · answered by kingstubborn 6 · 0⤊ 0⤋