My husband and I are planning to purchase a home at a trustee sale at the phoenix court house on November 25th. The home is located in Chandler, AZ. The owners are occupying the home. It appears they don't plan to move before the auction. Can we serve them with a 5 day notice to vacate? If so, what does a sample look like or need to include?
The short answer to your question is yes, you can serve the notice after you become the owner of the home. There is a small number of attorneys in Phoenix who work in this area. While not overly complicated, a knowledgeable 'tenant' can cause an inexperienced owner some trouble in going through the process. You would be well advised to hire an attorney who works in this area to help you. It will cost less than you think, and getting the earliest access to the home is certainly in your best interests. Andy Hull is the leading practitioner in this area as far as I am concerned. I think his website is 'Doctorevictor' or some variation of that. Scott Green used to do alot of this work as well. Good luck.
This answer does not create and attorney-client relationship. You can only create that relationship by meeting with Mr. Holt and signing a retainer agreement.
This not a question for the "Trusts" section. You will want to re-post it in either the landlord/tenant, foreclosure, or real estate sections.
No. The Protecting Tenants From Foreclosure Act of 2009 & the 2010 amendment provides a 90-day notice requirement and additional protections for tenants in foreclosed properties. You should seek counsel regarding your options. Good luck!
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I agree with the other attorneys. If need a sample eviction notice. Most justice courts in Arizona have sample forms or instructions on how to do an eviction. However, if you have any concerns about doing it yourself. I highly recommend involving an attorney who has experience in eviction actions.
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