when serving any notice at some ones door to vacate . Does it not have to be through the Judicial system?

Asked by Julie, Globe, AZ Sat Mar 2, 2013

Stamped by a Judge, maybe? And or simply saying for what grounds, Like "Why" ? He wasnt wearing any credentials or badge ! Just handed me 2 papers Identicaly the same and to call a managment # and remove my self and belonging in 5 days. I have a lease and rent paid till june 1st.. What is my defense?

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Julie, , Globe, AZ
Sat Mar 2, 2013
Thank You to all that responded to my question! Yes I do understand that my question was not completly clear. And I do apologize. I have read the Tenant law in and out for many months now due to the Cercumstanses that surround this this matter! All in a nut shell they have not gone through the az law in regurds to forcloser ! No mail/certified Nor publication that any one has found! right up to the day and hour of the sherrifs sale. I only knew through accidental conversation. Yes I know ,, Find a Lawyer that will give me proper direction.. BUT the ones I have spoke with want $ down so I need as much input of experiance so when I make another call they wont think Im talking out of my neck! The so called notice that was handed to me as I was coming out of the door was not a landlord just a so called board member that has been getting away with extreme measures of due PREJUDICE. EMBEZZLEMENT from many homeowners here that just 1 of many (I have proof with his direct emails that show exactly that) and He has taken my property out of my storage and walked it to the dump months ago as he said that day I was not allowed to ever enter my garage again either ..why ?I lived here for 7 yrs never had any problems or complaints until dues were a over due topic. Thats the owner negligance not mine.. His tenant has more priority than mine he said and he also had my car towed while parked outside the garage . "he made the call" ect ect.. Now he has his personal attorney apparently on this notice ! It has no court date ! Nor my name at all anywhere on this notice the print barely regitable. SO HOW DO I GET MY DAY IN COURT ON THIS SO CALLED 5 DAY OR ELSE? Yes I know that yr not to give legal advise ..just what is right and whats the wrong! Thank You Trulia for yr help. Sincerely, Julie
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Al Rivera, Agent, Tempe, AZ
Sat Mar 2, 2013
I am not an attorney nor do I provide property management services. Short of you contacting an attorney, you can visit the Arizona Secretary of State's website at: http://www.azsos.gov/

Within the website is a copy of the Arizona Residential Landlord and Tenant Act. Here is a direct link to the page where you will find this document:


You can copy and past these link to your web browser. Within this document you find information relative to the protocol for the established code of procedure or behavior between Tenants and Landlords.

Best of luck,
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Holly Brink, Agent, Phoenix, AZ
Sat Mar 2, 2013
Julie, if you prepaid your rent its probably just an oversite. Contact the management company and try talking to them. If that doesn't work; take your documentation to court if it has a court date on it. This notice says if you don't pay rent or move out in 5 days, then they will take legal action. Communicating with the company can do wonders.
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Stuart Mcphe…, Home Buyer, Paradise Valley, Phoenix, AZ
Sat Mar 2, 2013
Julie, your defense is your lease and proof of payment. Just wait until court and show up with those two items. If there are any other issues or concerns call an attorney that specializes on residential lease issues. You can also google tenant advocacy organizations in Arizona. Stuart, 20 year landlord in Az. 602 679.1919
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BParker, CPA*, , Scottsdale, AZ
Sat Mar 2, 2013
Hi Julie:

The person who gave you the papers is a hired contractor to serve as Process Server.

It does sound strange the papers did not say why, or you don't know why. That would be good information for anyone here or the attorney you might end up hiring.

You do have certain rights as a tenant with a lease, if the cause is the landlord is going through a foreclosure, as follows:

Federal Tenant Protections

Under the federal Protecting Tenants at Foreclosure Act, a new owner cannot evict a tenant for at least 90 days after foreclosure. And unless the purchaser intends to live in the home as a primary residence, the tenant can stay until the end of the lease term.

Good luck.
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Sonny Shriva…, Agent, Surprise, AZ
Sat Mar 2, 2013

Not knowing what the circumstances are behind your eviction notice, it's difficult to answer your question. Because you have been served with a 5-day vacate notice, you have most likely not paid your rent on time or otherwise breached your lease agreement. If that is the case, the answer to your question is no, the notice does not have to be from a court or stamped by a judge. The owner simply needs to document the delivery of the notice and that you were in receipt.

It sounds to me like something went down between you and the landlord. However, now that you have been served with a notice, if you don't vacate you will be evicted and have a judgment on your permanent record that will make it all but impossible for you to rent a property in the future. I would suggest working out the differences with your landlord. If you can't do that, then your only other option is to vacate immediately.
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