FACTS: The property manager was notified that a family had moved into a vacant rental property that he was managing.  Upon investigation, the property manager discovered that the family apparently rented the property via an internet scam.  The family does not qualify to enter into a lease agreement with the landlord but is refusing to vacate the property.

ISSUE: What is the procedure to regain possession of the property?

ANSWER:

See Discussion. 

DISCUSSION: 

Despite the unfortunate circumstances, the family’s occupancy of the property constitutes a “forcible entry/detainer” under A.R.S. §12-1171 et seq.  Therefore, the landlord will need to file a forcible entry and detainer action (eviction) pursuant to these statutes to regain possession of the property.