Five Day Notice Required by Arizona Real Estate Law to Evict

Question: Four months ago my husband was transferred to Phoenix by his company. We have been living with my husband’s parents since we arrived in Phoenix and last week we closed on the purchase of a home. The contract said that the seller would move out of the home at the time of closing, but the seller asked to stay for another week. That week is up, and now the seller wants to stay another ten days. What can we do?

Answer: In the contract the seller “promised” to move out at the time of closing. The seller broke this promise. The seller now wants to break another promise that the seller would move out after a week. You should politely but firmly say “no” to the seller’s request for an additional ten days, unless the seller pays compensation to you for this additional ten days. If you cannot reach an agreement with the seller, you are required to deliver a five-day notice to the seller to move out. You should also inform the seller that you will be contacting an Arizona real estate law attorney, and that the seller will be liable for damages, including legal fees and court costs to evict the seller. If the seller does not move out after five days, you should contact an attorney to institute eviction proceedings against the seller.

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