How best to handle an out of state eviction?

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How best to handle an out of state eviction?

My son owns rental property. He has to evict a tenant(s) that is 2 months behind in payment. He has been sent them a 5 day notice (with no response or payment). Since my son presently lives out of state, can he quick claim the properties to me so I can start eviction proceedings or is there a better way to handle this problem? Justice courts do not honor general power of attorneys.

Asked on October 13, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to deal with your son's situation is for him simply to retain an attorney who specializes in landlord tenant relations to have the tenants evicted, most likely through an unlawful detainer action. The attorney should be a local attorney in the county where the rental is and where the unlawful detainer action needs to be filed.

Your son does not want to do a quit claim of the property to you for this situation. Such a transfer of title can create significant tax implications besides transferring title of the rental from him to you which might not be the intent of all.  

If justice courts do not honor general powers of attorney in your state, then the other option is for your son to give you a special power of attorney to act as his attorney in fact concerning the rental at issue and to evict the tenants including filing any unlawful detainer action. A real estate attorney should draft this special power of attorney for your son to sign if this is an option.

Good luck.


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