Regain Possession of Property My wife and I are senior citizens that must sell…

Regain Possession of Property
My wife and I are senior citizens that must sell our rental house in AZ. The annual lease is up 9/30/06, and we planned to terminate our relationship with our Mgmt Co. and our tenant at that time. We informed our Mgmt Co. by email 8/1/06, and our tenant by phone 8/3/06 – not a written notice. We had our realtor visit the house on 8/17/06 to estimate what had to be done to prepare for the sale, and ask the tenant if he wanted to buy the house. As of 9/23/06 the tenant has not found a new home, and says he will not be out 9/30/06. Arizona Landlord and Tenant Act – 33-341 ”Termination of tenancies” A. states ”A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period” and D. states ”When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary”. My questions are: Do I have a right to possession of the property on 10/1/06? and What should I do if the tenant wont leave?

One thought on “Regain Possession of Property My wife and I are senior citizens that must sell…

  1. Re: Regain Possession of Property
    You should definitely post this for an AZ attorney. Good luck to you!

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

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