Statutory Agent for OOS owner in Arizona

4 Replies

Hello BP,

Following closing of my rental properties in Greater Phoenix area (Pinal County), I have received an mail from county assessor demanding out-of-state owner to designate a statutory agent who lives in the state and who will accept legal service on behalf of the owner.

I'm just curious what would be the most cost-effective way to accomplish this new requirement, considered that I'm currently holding the properties as sole proprietary and thus no need for a registered agent? Can I designate anyone (my agent, property manager, or a friend) for that purpose? I would think for anything serious, the county should be reaching out to owner directly...

Thanks!

Service of process must be accomplished in state, so "reaching out" to an out of state owner won't necessarily satisfy legal notice requirements. Any person over the age of 18 can perform this function. There are companies that will perform it for a fee, but if you're looking for the most cost-effective option, a friend or family member in state will be the way to go. 

The statutory agent literally has one job - to accept service of legal documents on your behalf and be sure that you get them. Most PMs could be trusted to do this :) Since there's little work involved (and only if you get sued) I would imagine most PMs would be willing to add this service on at little or no cost.