- Jurisdiction
- Arizona
Received a 30 days notice to vacate saying lease was up and no renewal. We have a ten year lease to own contract that started back in 2016. The owner of this property and also a good friend, passed away last June. 7 months later one of his two sisters filed for administrator to the estate and received it. We had no idea any of this was going on.
The night our friend died we found his body when we went to get him for dinner. The sheriff's office released the property to us after contacting his other sister who lives in Florida. The sister who filed probate lives in New Mexico.
This property is in Arizona where I live. The sister in Florida asked us for help with cleaning out their brother's place and watching over three other properties he owned on this same street, one of which I live in.
So after the 30 days went by we received a summons for eviction court, all the properties did. The 30 day notice was from the sister and the summons was from the new owner. She told the new owner that squatters were occupying the premises and so she wouldn't be able to give them a walkthrough. I don't know if they waved the inspection days or not but they never visited with any of the occupants of any of the properties nor made contact in any way.
One of the properties had a deed from the deceased landlord and we had the set term lease. I don't think due diligence was done by the buyer and misrepresentation by the seller. We know both his sisters and even did work at the house of the New Mexico sister here in Arizona before they moved. The notices we all got were John Doe notices.
The first trial was dismissed right away and today was another trial. The Plaintiff's attorney took some testimony about the lease agreement and the kind of knowledge and communication we've had with the family and then dismissed it again. We asked for a dismissal with prejudice as this is the second time they've done this. The judge ruled it extreme and didn't do it. I don't know what they can do other than honor the set term lease but they're after something cause they just keep getting fodder for the canon with every trial and then dismissing.
How many times can they do this?
The court has a copy of the lease as well as utility records showing taking possession back in 2016, along with correspondence with the family member in Florida showing we were doing as they asked.
We even ran across almost thirty thousand in mature savings bonds that we returned to the family along with a lot of personal belongings.
We have a text message from one sister stating that the family is giving us the place now for all the work we have done on their behalf with the properties and their brother's effects. But a verbal say so is not the same as a deed so that's not much help really.
The lawyer wanted to know why we stopped paying rent right after the owner died and we told him there was no one to pay it to and we were told by the family that they were giving us this place which would have been paid off in two more years anyway. He talked about how if they honored the lease that we would have to pay them all the back rent since the owner's death in June of 2023. They have only owned these properties since July of this year so I don't see how they can get paid for all that other time.
And I would think that could be seen as it was paid into the estate just by having us here watching the other places and doing all the work.
Can't really afford an attorney but am trying to get one through some programs available around here. Will keep fighting though until then but is there anything that can be done in the meantime like an injunction or anything?
The night our friend died we found his body when we went to get him for dinner. The sheriff's office released the property to us after contacting his other sister who lives in Florida. The sister who filed probate lives in New Mexico.
This property is in Arizona where I live. The sister in Florida asked us for help with cleaning out their brother's place and watching over three other properties he owned on this same street, one of which I live in.
So after the 30 days went by we received a summons for eviction court, all the properties did. The 30 day notice was from the sister and the summons was from the new owner. She told the new owner that squatters were occupying the premises and so she wouldn't be able to give them a walkthrough. I don't know if they waved the inspection days or not but they never visited with any of the occupants of any of the properties nor made contact in any way.
One of the properties had a deed from the deceased landlord and we had the set term lease. I don't think due diligence was done by the buyer and misrepresentation by the seller. We know both his sisters and even did work at the house of the New Mexico sister here in Arizona before they moved. The notices we all got were John Doe notices.
The first trial was dismissed right away and today was another trial. The Plaintiff's attorney took some testimony about the lease agreement and the kind of knowledge and communication we've had with the family and then dismissed it again. We asked for a dismissal with prejudice as this is the second time they've done this. The judge ruled it extreme and didn't do it. I don't know what they can do other than honor the set term lease but they're after something cause they just keep getting fodder for the canon with every trial and then dismissing.
How many times can they do this?
The court has a copy of the lease as well as utility records showing taking possession back in 2016, along with correspondence with the family member in Florida showing we were doing as they asked.
We even ran across almost thirty thousand in mature savings bonds that we returned to the family along with a lot of personal belongings.
We have a text message from one sister stating that the family is giving us the place now for all the work we have done on their behalf with the properties and their brother's effects. But a verbal say so is not the same as a deed so that's not much help really.
The lawyer wanted to know why we stopped paying rent right after the owner died and we told him there was no one to pay it to and we were told by the family that they were giving us this place which would have been paid off in two more years anyway. He talked about how if they honored the lease that we would have to pay them all the back rent since the owner's death in June of 2023. They have only owned these properties since July of this year so I don't see how they can get paid for all that other time.
And I would think that could be seen as it was paid into the estate just by having us here watching the other places and doing all the work.
Can't really afford an attorney but am trying to get one through some programs available around here. Will keep fighting though until then but is there anything that can be done in the meantime like an injunction or anything?
Last edited by a moderator:
