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How to Handle Evictions in Phoenix: An Expert Guide

Evictions in Phoenix are unpleasant, yet sometimes necessary, part of the income property owner experience. The reasons for eviction vary depending on the individual or situation, with the eviction process full of twists and turns.

phoenix-eviection-process-coronavirus

With “no-cause” evictions being deemed as unlawful and unfair, this leaves landlords needing “for cause” reasons on eviction proceedings.

Knowing the reasons why you can evict can help you navigate the eviction process in Phoenix. Below are several causes that call for a legal eviction.

 

6 Reasons You Can Start an Eviction Process in Phoenix

1. Noise Complaints

Under Arizona law, tenants must abide by the duty known as “the covenant of quiet enjoyment.” This means that tenants must live peacefully, especially in multi-family units, and without interfering with neighbors.

In terms of noise complaints for Phoenix evictions, the specific violation is a noise that affects health and safety. The landlord or property manager may approach the tenant with a warning, otherwise known as a Cure and Quit notice.

Two options include allowing the tenant to correct the problem in five days, or start the eviction process.

Arizona does not clearly define what is considered as noise disturbances. If the eviction process is followed through, the judge will likely use common sense. Typical daytime noises such as footsteps or plumbing won’t usually result in eviction.

However, excess noise levels that especially occur at night or disturb sleep is a cause of a violation or eviction.

 

2. E-Cigarette Use

vaping-cause-for-eviction

Smoke-free policies are allowed in Arizona rental properties. Common areas such as laundry rooms or lobbies must remain smoke-free.

E-cigarettes and vaping are not considered tobacco products in Phoenix. They are defined as a vapor product but they emit secondhand aerosol. It contains nicotine and low levels of toxins that are linked to cancer.

People exposed to the aerosol absorb nicotine. Along with the other elements inside of the aerosol, it can cause respiratory distress.

While you may not have a specific clause for e-cigarette usage, there may be a nuisance clause on secondhand smoke. If other tenants are reporting the aerosol as a nuisance, you can approach the tenant to stop the behavior or face possible eviction.

 

3. Medical Marijuana Usage

In Arizona, recreational marijuana is illegal but medical usage is allowed under Proposition 203.

Medical marijuana usage is a gray area in many cases. According to Rental Housing Journal, you may prohibit medical usage even if the tenant is using it legally. This is because it’s your right to protect your property and marijuana is still federally illegal.

On a federal level, the law does not recognize the difference between recreational and medical marijuana.

Be sure to clearly outline what is expected of medical marijuana usage in your rental property. Having this information on the lease will allow you to take action if necessary.

Keep in mind if a tenant has medical marijuana in their possession without a medical license, this is a possible felony offense.

 

4. Landscape Damage

When the tenant moves in, there should be written reports of any existing damages that both parties acknowledge.

If you discover new damage, such as excessive landscape damage, you may file a Notice to Quit.

However, for the cause of eviction, the damage is intentionally caused by the tenant by their gross negligence. You may offer the option for the tenant to pay and fix the damages. You can also deduct the money from their security deposit.

If the issue remains unresolved after your Notice to Quit, you can consider moving forward with an eviction.

 

5. Unpaid Rent

In Arizona, most evictions are the result of unpaid rent.

Not only are tenants evicted for not paying rent, but they are also evicted for being habitually late with their payments.

There is also no provision in Arizona that allows a tenant to withhold rent. This includes an oral dispute or a landlord breaking an oral promise.

If a tenant does not pay rent on time, you can terminate the lease if it is not paid within five days.

On day six, if the payment is still not received, a landlord can file a suit for eviction.

Under normal circumstances, the inability to pay rent is not a legal defense to the eviction. However, keep in mind that COVID-19 temporarily changed the eviction process under the governor’s orders.

Because of this order, evictions are down more than 60% compared to last year for unpaid rent reasons.

Furthermore, the tenant has options to avoid eviction. In Arizona, a tenant may catch up and pay their entire balance in full in addition to late fees and attorney fees. If the tenant manages to come up with the money before judgment, they can avoid eviction for unpaid rent.

 

6. Unauthorized Pet

unauthorized-pet-leads-to-eviction

Most landlords have pet policies enforced before the tenant moves in.

However, sometimes tenants will bring an unauthorized dog, cat, or other pet on the premises.

How do you handle unauthorized pets?

In the state of Arizona, an unauthorized pet is considered a material non-compliance.

In this instance, the property owner must give the tenant 10 days to remove the pet from the premises. This allows the tenant to come into compliance.

If the tenant does not remove the pet at your request, a lawsuit may be filed on the eleventh day.

 

Notice to Cure or Quit

Before Phoenix evictions can begin, a notice to cure or quit is given to the tenant. This gives tenants the opportunity to rectify a situation before eviction.

In Arizona, tenants are allowed 5 days for violations that materially affect health and safety. They get 10 days for other violations within the lease agreement.

With this notice, tenants can choose to correct the problem without facing eviction.

Even if the eviction process begins, there is still a chance that the tenant may keep their home.

 

Which Evictions in Phoenix Are Curable?

Although all of the instances above could end in eviction proceedings, most are considered “curable” under the law.

For example:

  • Noise complaints can be rectified by turning down the TV or stereo volume
  • an unauthorized pet can be approved to stay with fees paid or removal from the premises
  • Landscape damage can be corrected
  • Unpaid rent can even be paid with late fees.

The only exception would be the lease language that specifically states drug or e-cigarette use on the premises is grounds for immediate termination.

However, this too is open to interpretation by the judge that would hear the case.

 

New Coronavirus Eviction Proceedings

As mentioned above, Governor Ducey put an order to delay evictions that are related to coronavirus circumstances.

However, it’s a misconception that evictions aren’t happening. Executive order 2020-14 allows a constable the power to delay an eviction. If a tenant provides the constable with the reason why they are being evicted with a cause related to Coronavirus, the constable can determine if a delay is necessary.

These orders are in effect until July 2020. An attorney is able to challenge a constable’s determination, but the constable cannot challenge a judge.

A landlord may still move forward with an eviction on the sixth day, but the process may look different or take longer.

 

How Professional Property Management Can Help with Evictions in Phoenix

rental-eviction-notification-process

When considering an eviction with current tenants, it is imperative to seek counsel to ensure you have covered your bases. You must also have proper documentation and back-up to win your case.

When choosing Real Property Management Phoenix Valley, know that you are working with trusted and tenured property managers. When necessary, we’ve seen property owners through the eviction process in Phoenix.

With our guidance and expertise, you can feel certain that tenant troubles are handled quickly and professionally. Please contact us regarding professional property management services for your Phoenix property.

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Rental Property Flooring

Wood Vinyl Planking Options
Wood Vinyl Planking Options

Choosing the best type of rental property flooring can be challenging because there are many factors to consider, from cost to durability and beyond. When trying to decide whether to install either vinyl plank flooring or carpet in a rental property, it’s important to first look at the pros and cons of both flooring types. Both vinyl plank flooring and carpet offer many benefits, but they both have several drawbacks as well. Once you have the information you need about both flooring types, you can more easily make the right decision for each individual rental property.

Vinyl plank flooring is vinyl flooring designed to resemble a hardwood floor. The vinyl pieces even come in planks, just like hardwood does, and is available in a wide range of colors and styles. For property owners seeking to upgrade the overall look and feel of a rental home, vinyl plank flooring can be an affordable option with aesthetically pleasing results. Vinyl plank flooring can be a good choice for a rental home because it is water resistant, easy to clean, and long-lasting. Many kinds of vinyl plank are backed with a felt product, resulting in a softer floor with more give. This makes a vinyl plank floor easier to walk and stand on, as well as making objects less likely to break if dropped on the floor.  Additionally, during the hot Phoenix summers vinyl can be cooling.

Along with these benefits, however, there are some drawbacks to vinyl plank flooring. It does tend to cost more than a basic carpet, especially because it may require professional installation. What is more, vinyl can be gouged or scuffed by heavy furniture or other objects, permanently marring the overall appearance of the floor. Finally, it’s important to note that vinyl plank flooring does not typically add to the overall value of your property in any significant way, unlike hardwood floors, which do usually offer an increase in resale value.

Carpet, on the other hand, is the standard flooring choice for the vast majority of rental homes. This is largely because it is relatively affordable and comes in many different colors and styles. Renters may expect to have carpet on at least some of the rental home’s floors, creating a stronger appeal for certain individuals.

However, carpet does have a few disadvantages as well. Carpets are far more likely to stain and show wear faster.  Additionally, stained carpet can significantly impede your ability to rent your property for the highest possible rate, and may have a negative impact on your property value as well. Carpets also tend to become saturated with certain odors like cigarette smoke or pet odors, making them difficult to fully clean and sanitize. Carpets in a rental home will usually need to be replaced more often that vinyl plank flooring, about every 5 years or even sooner if subjected to heavy use.

Choosing between vinyl plank flooring and carpet for your rental property can be a challenge, but not if you have the right information and industry experts on your side. Knowing which flooring type is the best option for your particular situation can help you keep your profits high and property values growing year after year. At Real Property Management Phoenix Valley, we can help with that. Our professionals can help you plan your rental property flooring installation or replacement while ensuring that you achieve the maximum value possible for your investment property.

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COVID-19 Phoenix Rental Statistics

Most Phoenix rental statistics have taken a beating due to COVID-19.   Real Property Management Phoenix Valley’s property owners are weathering the storm pretty well.  Our COVID-19 Phoenix rental statistics currently are: 97.8% of our tenants paid April rent on time.  Additionally, all of our tenants have confirmed dates they will be paying rent within the month of April.  How have we beat the odds?  Well, we have an exceptional pool of tenants that have a good chance to keep current in this tough situation.  Two key factors in placing good renters are quality tenant placement and a laser focused rent collection process.  There are four factors in tenant placement, rental history, credit history, income and job stability. We have found that each of these steps is important and can be tricky. For example, rental history questions need proper phrasing. You also must also be able to navigate around traps that apply to rent verification

A laser focused rent collection process is crucial. It is important to set rent expectations early and use technology to automate the payment process.

The good news is that there is help if your tenant needs it and this is because  the State of Arizona has taken action regarding the Covid-19 Virus and it’s effect on the Phoenix rental statistics.  On March 24, 2020, AZ Governor Doug Ducey issued an executive order delaying the enforcement of eviction action orders for renters impacted by COVID-19. The order applies to renters who are quarantining due to COVID-19 or are facing economic hardship as a result of the outbreak. It will remain in effect for 120 days.  Additionally the rent is still due.  The Governor also announced $5 million in new funding to help Arizonans struggling to make rent due to COVID-19

 

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Phoenix Property Manager Statistics

Phoenix property management statistics place Real Property Management Phoenix Valley on several “Best of” lists!

Tens of thousands of property owners nationwide trust local Real Property Management offices to manage their investment properties nationwide. As a result, we are North America’s largest residential property management organization. Real Property Management Phoenix Valley has been successfully serving the Phoenix area for over 13 years. We exceed property owners expectations year after year and are consequently on several “best of” lists including expertise and propertymanagement.com. Here is a break down of our Phoenix property manager statistics that make Real Property Management Phoenix Valley so successful.

1. We average an occupancy rate of 97-99% so only 1-3% of our homes are vacant and available at anytime.  This leads to less “downtime” for our property owners
2. Less than a 1% eviction rate. Eviction success rate is attributed to our triple filter tenant screening program
3. 88% tenant retention. This number far exceeds the Phoenix industry average because Phoenix tends to be a very transient city.  Furthermore this statistic means less turn over costs to the property owner.
4. 92.5% of homeowners have NO out of pocket turn over costs at tenant vacancy! This includes tenants who were in the property 5+ years!
5. 99% of our tenants fulfill their lease agreement the full term

Our Phoenix property manager statistics don’t lie but instead produce “best of” property management services in the Phoenix metro area. So before you sign with any other firm, give us a call to discuss your property management needs. We know that you will see Real Property Management Phoenix Valley is the number one choice for residential property management in Phoenix and surrounding areas. Our service areas include Phoenix, Scottsdale, Avondale, Glendale, Cave Creek, Peoria, Surprise, Goodyear, Laveen, Tolleson and more! 602-358-8130

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Rent Prices in Surprise vs. National Rent 2016-2019

This comparison looks at National rent prices vs Surprise rent prices from 2016-2019.

Real Property Management Phoenix valley has built a chart to show key figures so that you can get a good idea of how rent in Surprise, AZ has increased compared to the national increase in rent prices.

The below chart includes the following Surprise rental property rates based on rent cost per square foot times 2000 square feet. The national rent figures were provided by Zillow.

The data for Surprise  was collected from the Arizona MLS for unfurnished, non-vacation, detached homes.

There are some very interesting numbers in this chart. Over the last 4 years, rent prices in Surprise increased at a rate 18.7% greater than the national rent increase (23.9% Average Rent Increase in Surprise vs. a 5.2% National rent increase). The rent price in Surprise has increased $330 from 2016 to 2019. A 2000 sq foot property in Surprise fair rent price in 2016 was $1340 vs. $1660 in 2019. The average rental price Nationwide was $1,489 in 2016 vs. $1,566 in 2019. Rental rates nationwide have increased gradually but in Surprise you can call them very Surprising.

If these numbers have motivated you to purchase investment properties listen to our podcast below which includes our property investment purchase cheat sheet

 

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Tempe Property Management

Tempe Property Management
Tempe Property Management

Our Tempe Property Managers rented a home in the Nu-Vista 6 community in the 85282 zip code in just 20 days!!! 

Nu-Vista 6 community is an accessible subdivision in Tempe that is very close to the I-10 & 60 freeways!  It is located approximately 12 miles from downtown Phoenix and only 7 miles from Phoenix Sky Harbor airport.

The community consists of mostly single-family and attached homes such as condos and townhomes.  Most homes are between three to five bedrooms  and two to four bathrooms – making them perfect for the Tempe rental market!

The square footage of the homes range from 1,260 to 2,356  sq. ft. Most homes were built between 1952 to 1962 and have since been remodeled.  The home is located in The Dromedary District (Mill/Southern) in Tempe.  Also, it is conveniently located to several big-box retailers including Walmart. For all of these reasons, Nu-Vista 6 is a great community for Tempe property management.

The home that we recently rented was almost 2000 square feet and a single level. It features a diving pool in the backyard, large covered patio in the front, and fresh new paint.

The home first rented in 2016 for $1600.  The home just rented for $1895 for an 18% increase. 

For information about our Tempe property management services contact us at 602-358-8130 or by email info@rpmphoenixvalley.com.

To be your own successful Tempe landlord, watch our video on the 4 tips to success:

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Rent Prices in Surprise 2015-2019

This comparison looks at Surprise rent prices from 2015-2019.

Real Property Management Phoenix valley has built a chart to show key figures so that you can get a good idea of what is the fair rent in Surprise, AZ and how rental property prices in Surprise compare with the national Consumer Price Index.

The below chart includes the following Surprise rental property data points from left to right– Year, Number of Properties Rented, Average Sq. Ft. of property, Rent Price of Property per sq. ft, Percentage of Rent Price Increase year to year, Average Days on the Market and the national CPI from year to year.

The data was collected from the Arizona MLS for unfurnished, non-vacation, detached homes.

There are some very interesting numbers in this chart. Over the last 5 years, rent prices in Surprise have increased at a rate that is 5x the national CPI (7.6% Average Rent Increase vs. 1.5% Average CPI increase). The rent price per square foot has gone has increased 21 cents from 2015 to 2019. A 2000 sq foot property in Surprise fair rent price in 2015 was $1249 vs. $1673 in 2019. Rental property inventory in Surprise took a 23% decrease in 2016 but has remained relatively stable since then.

If these numbers have motivated you to purchase investment properties listen to our podcast below which includes our property investment purchase cheat sheet

 

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Tenant Repairs

To charge the tenant or to not charge the tenant; that is the question!  Recently we had a local appliance company out to a property we manage in Mesa.  The tenant repair issue was a foul smell from the washer.  The invoice came back and said “washer is working well at this time.  Told tenant to run some citric acid through the washer to help with mildew smell”.  We then charged the tenant for their visit.  The tenant was extremely upset and contacted the appliance vendor directly.  After that conversion suddenly a revised estimate appeared.  The new estimate stated that the cost could be up to $500 to repair.    There was no further explanation so we called the company.  They explained that for this tenant repair they would need to take apart the pump to clean out a build up of soap. We questioned how they had arrived at this diagnosis without going back to take the washer apart.  Turns out Real Property Management Phoenix Valley is one of the only property management companies who will hold a tenant responsible for a repair they cause!  According to the appliance company all of the other companies they work with automatically charge the homeowner.  Here are a few examples of repairs that tenants should pay for:

  1. Putting bones and/or other objects down the garbage disposal that causes it to break
  2. Not aligning garage door sensors thereby the door won’t close
  3. Replacing smoke detector batteries
  4. Replacing air filters
  5. Replace light bulbs
  6. Resetting GFCI outlets and or breakers

If you are unsure if a repair is the tenant’s responsibility you can refer to the AZ Landlord Tenant Act.

 

For all of your Phoenix Property Management & Phoenix Real Estate & Phoenix Property Management Needs Contact:

Real Property Management Phoenix

www.rpmphoenixvalley.com

602-358-8130

info@rpmphoenixvalley.com

Follow us on Twitter

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Goodyear Property Manager

Goodyear Property Management
Goodyear Property Management

Real Property Management Phoenix Valley manages rental homes valley wide.  Our Goodyear property management team  just rented a property in Canyon Trails in less than one day!  Canyon Trails is located south of the I-10, east of Estrella Parkway, North of Lower Buckeye and West of Citrus.  It is located in the heart of Goodyear.  Home building started in Canyon Trails in 2001 and continues today.  The homes there range from two to six bedrooms and two to five bathrooms.  The community consists of track homes so the lots tend to be small and are all less than one acre.  Goodyear offers many activities including hiking, biking, relation with spas and Spring Training. .

Our Goodyear property management team first rented this three bed/two bath, single story rental home in 2013 for $895.00 and it took nine thirty five days to place a qualified tenant.  Furthermore, in 2015 we saw the home rent for $950 and took 25 days.  In 2017 the home rented for $995 in 9 days.  In 2018 we were able to get $1095 in 5 days.  Final this month, 2020  we were able to get $1195 in 6 days!  The 2020 rental price represents a 34% increase from 2013.

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Rental property inspections

Rental Property Inspections

Real Property Management Phoenix Valley has been managing Phoenix rental homes for 14 years.  Through our experience we have created the six successful steps of rental property inspections.  We will share those steps with you in this blog.

Step One: Review your lease agreement.  Note how many occupants should be residing in the home.  List the number of minors vs adults and if there are pets.  Also, make note of the responsibilities.  For example is the tenant responsible for the landscaping?  Who is responsible for the appliances?  Lastly note which appliances belong to you versus the tenants.  All of these notes will make your rental property inspection move smoothly.

Step Two: Use a dedicated inspection form.  Break out the form by room and be sure to include the garage, front & back yards.  The more detailed the form the more thorough the inspection will be.

Step Three: If your tenant is home wear headphones.  Don’t let them distract you from the task at hand.

Step Four: Complete the rental property inspection in an organized manor.  In each room take pictures first and then stop to complete your form.  This will help to make sure you don’t miss anything.

Step Five: Be mindful of things that might be strategically placed to make you miss things.  For example, be sure to move a throw rug even if you just fold it in half because it may reveal stains on the carpet.  Also, try to move back sheets that might be covering up windows because you may find broken blinds underneath.

Step Six: Check ALL ceilings as they may reveal roof and/or plumbing leaks.  Check and change air filters and/or smoke detector batteries if needed.  Check the front AND back of all doors to look for any holes and to see what might be hiding behind the door on the paint and/or baseboard.

For an example of an inspection form please listen to our podcast.

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