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7 Cards in this Set

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  • Back
Can Municipal Law Enforcement Officers Evict?
Municipal Law enforcement officers DO NOT have the authority to evict a tenant and officers shall not evict, threaten to evict, or assist in evicting a tenant in situations covered by one of these three Acts. The Residential Landlord and Tenant Act(ARS33-1301-1377), The Mobile Home Parks Residential Landlord and Tenant Act(ARS 33-1401-1417), or the Recreational Vehicle Space Rental Act(ARS 33-2100-2117)
Police Officers Role in Civil Disputes?
Preserve the peace.
Writ of Restitution
A Writ is a court order, issued after judgment in favor of a landlord, and is executed by a constable, not by a police officer. Some landlords will seek assistance from law enforcement to enforce a writ, or a judgment. Unless specifically authorized by stat statute (sheriffs are authorized, in certain situations), peace officers have no authority to execute or enforce judgments or writs of execution.
Define Abandonment in relation to Landlord Tenant act.
H. In this section "abandonment" means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.
What must a landlord do in order to retake an abandoned unit.
A. If a dwelling unit is abandoned after the time prescribed in subsection H of this section, the landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternate addresses known to the landlord. The landlord shall also post a notice of abandonment on the door to the dwelling unit or any other conspicuous place on the property for five days.

B. Five days after notice of abandonment has been both posted and mailed, the landlord may retake the dwelling unit and rerent the dwelling unit at a fair rental value if no personal property remains in the dwelling unit. After the landlord retakes the dwelling unit, money held by the landlord as a security deposit is forfeited and shall be applied to the payment of any accrued rent and other reasonable costs incurred by the landlord by reason of the tenant's abandonment.
How is Leasing Commercial property diffrent from Residential property?
Immediate repossession is allowed once tenant is in arrears for non-payment of rent for more than five days.
And the landlord will have a lein on the tenants personal property.
Basic Responsibilities of a police officer at the scene of a civil dispute.
-Keep the peace
-Determine if a crime has been committed.
-Provide safety to individuals and property.
-Attempt to refer or resolve the problem.
-Be Tactful
-Retain reasoning powers.