Eviction

questions & answers

Question: My mother owns the property. I rent from her. She is allowing me to sublet rooms. What kind of document do I need to have power to manage? To make contracts and to evict?

Answer: Any person designated by the owner of the property as the landlord or the agent of the landlord may manage the property and interact with any tenants renting the property on behalf of the owner – but they must keep in mind the obligations that landlords have under the Arizona Residential Landlord and Tenant Act, including A.R.S. 33-1322, which states that: The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following: 1. The person authorized to manage the premises. 2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing's website. C. The information required to be furnished by this section shall be kept current and refurnished to a tenant upon the tenant's request. This section extends to and is enforceable against any successor landlord, owner or manager. D. A person who fails to comply with subsections A, B and C becomes an agent of each person who is a landlord for the following purposes: 1. Service of process and receiving and receipting for notices and demands. 2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises. E. If there is a written rental agreement, the landlord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.

QUESTIONS

  • My mother owns the property. I rent from her. She is allowing me to sublet rooms. What kind of document do I need to have power to manage? To make contracts and to evict?

STORIES

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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