Policy, Notice and a Good Attorney – How to Deal with Tenant Evictions in Gilbert, AZ

Eviction is not something that anyone enjoys handling, but if you’re prepared and aware of the legal process, then tenant eviction in Gilbert, AZ is a fairly straightforward process. When your tenant doesn’t pay rent, you need to take immediate steps to have that tenant removed.

Payment Collection

One way to avoid eviction chances is to have a clear and consistent rent payment policy in place. Be specific in your lease about the date and time that rent is due. For example, your lease might state that it is due on the first of every month by 5:00 p.m. You don’t need a grace period, because the tenants know that you expect rent on that day. If the second day of the month arrives and you have not received rent, it is officially late. The lease should tell your tenants that you will start the eviction process and file a 5 Day Notice on that date. This is a business, and you need to treat it that way. Good tenants will respect your requirement to have the rent paid on time.

Filing the 5 Day Notice

The courts in Arizona require a five day receipt period, so you need to send your 5 Day Notice on the second day of the month using certified mail. Then, you have to wait the five days that’s provided by the notice before you can take further action. This is why it’s so critical to get that notice out as soon as rent is late. With the five day receipt period and the five day notice, you’ll be able to file for eviction on the 12th of the month. Staying on top of the timing will help you minimize the loss of time and money.

Legal Help

When you need to evict, it’s a good idea to seek professional legal help. An experienced eviction attorney will understand the process and make sure everything is filed correctly. After you file, the judge will issue a Forceable Detainer and a judgment. Property management companies have relationships in place with attorneys who handle these issues every day. Depending on the process and the length of time required to finally evict a tenant, most attorneys charge property managers between $250 and $500 to successfully evict a tenant. The investment is worth the money because if something is done incorrectly or a deadline is missed, you’ll lose a lot more.

When done properly, an eviction can be completed in 30 days and you’ll have your nonpaying tenant removed from your property. Contact Mark Brower Properties if you have any questions or you need help evicting a tenant.

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