Nonpayment of Rent<\/strong><\/p>\n\n\n\nThe landlord can start the eviction process if the tenant doesn\u2019t pay\nrent. However, the landlord must give the tenant proper notice before doing so.\nThis is typically done by delivering the eviction letter in person or sending\nit by certified mail. The eviction letter must include the amount the tenant\nowes, the date the rent is due, and any grace periods that may apply. Landlords\nmust also clearly state that they will begin the eviction process within 5 days\nif the tenant doesn\u2019t pay the rent or move out of the property.<\/p>\n\n\n\n
Arizona law requires landlords to keep their rental properties in \u201cfit\nand habitable\u201d conditions. If a landlord fails to do this, the tenant can sue\nfor monetary damages. These can cover a tenant\u2019s actual expenses and their\nmental suffering, anguish, discomfort, and annoyance. Tenants can also recover monetary\ndamages for finding other substitute housing if the landlord\u2019s failure to\nmaintain the leased property caused this.<\/p>\n\n\n\n
The landlord must serve a notice before filing an eviction lawsuit. The\namount of time required depends on the reason for eviction. For example, if the\ntenant is violating health and safety standards or providing false information\non their rental application, the landlord must provide them with a 5-day notice\nto cure. If the tenant fixes the issue during this period, the landlord cannot\nfile an eviction lawsuit (special detainer action) against them.<\/p>\n\n\n\n
Landlords can also evict tenants immediately if they engage in illegal\nactivity on the property. This can include causing serious destruction to the\nrental unit, disturbing other tenants, or engaging in activities that threaten\nanyone\u2019s health and safety. Landlords can terminate a lease immediately if the\ntenant falsifies basic information on their rental application or repeats a\nviolation of the lease during their tenancy. Landlords are also allowed to\ndestroy or dispose of the tenant\u2019s personal property if they find that it is\nunsalvageable or would cost more to store or sell than it is worth. However,\nthe landlord must return any nonrefundable fees to the tenant within 14 days of\nthe final inspection.<\/p>\n\n\n\n
Repetition of Lease Violations<\/strong><\/p>\n\n\n\nIf a landlord has an active lease with a tenant and that tenant violates\nseveral terms of the contract, the landlord can begin eviction proceedings.\nHowever, the landlord must follow strict procedures as outlined in Arizona law.\nThe first step is to serve the tenant a proper notice of a breach of the lease.\nThe type of notice a landlord must give the tenant depends on the nature of the\nviolation. For example, a tenant violating the property’s health and safety\nstandards must be served with a notice to cure or vacate. Tenants who violate\nthe warranty of habitability, such as keeping pets in pet-free apartments or\nproviding false information on their application, may not be given a chance to\nfix the issue and must move out immediately.<\/p>\n\n\n\n
If the tenant fails to correct the problem by the end of the notice\nperiod, the landlord can file a complaint in court. The complaint will tell the\ncourt why a landlord believes the tenant should be evicted. The tenant must\nalso be notified of the eviction hearing by being personally served with a\ncopy, serving it to someone else in the household who is at least 18 years old,\nor by posting it on their front door.<\/p>\n\n\n\n
Landlords must never evict tenants without probable cause or in\nretaliation. It is illegal for a landlord to try and evict a tenant who complained\nto a government agency or joined a tenants\u2019 union.<\/p>\n\n\n\n
A landlord must also ensure their properties meet all applicable health,\nsafety, and building codes. For example, the property must have working\nelectrical wiring and not provide a harbor for bugs or rodents. If a landlord\nfinds that a tenant has failed to maintain the property to a satisfactory\nstandard, they can file an eviction action with the court.<\/p>\n\n\n\n
The eviction process can be time-consuming and expensive for both\nparties. If a tenant can\u2019t afford to pay their rent, they should seek legal\nhelp or apply for a program that helps with housing costs. Tenants can find\nfree or reduced-cost legal assistance by visiting DoorLoop\u2019s Legal Help Page to\nconnect with programs in their area.<\/p>\n\n\n\n
Illegal Activity<\/strong><\/p>\n\n\n\nIn some situations, landlords may be able to immediately evict a tenant\nfor committing illegal activity. This includes crimes committed against the\nproperty, crimes committed against other tenants or people on the property, and\nactions that threaten public safety. For example, if a landlord is concerned\nabout an illegal drug lab on the premises, they can ask the court to\nimmediately evict the tenant without waiting for the standard eviction process.\nIn most cases, however, the landlord must follow the legal procedures that\nstatewide eviction law requires before they can start an unlawful detainer\naction.<\/p>\n\n\n\n
In any case, a landlord cannot evict a tenant simply because they\ndisagree with them or don\u2019t like them. Only a judge can order the eviction, and\na sheriff must physically remove the tenant. If a landlord takes matters into\ntheir own hands, they can be fined or even arrested for violating state law.<\/p>\n\n\n\n
Most of the time, a landlord in Arizona must first give the tenant notice\nof the reason for the eviction and allow them to remedy the problem before they\ncan file an unlawful detainer action in court. Landlords are required to serve\na 5-Day Notice to Pay Rent if the landlord wants to evict for nonpayment of\nrent and a 10-Day Notice to Comply if the landlord is trying to evict for a\nviolation of lease terms or a breach of health and safety regulations.<\/p>\n\n\n\n
If the landlord does not get the desired results from the notice period,\nthey can file a lawsuit in general district court called an unlawful detainer\naction to immediately evict the tenant. They must also serve a summons telling\nthe tenant when the eviction hearing will occur.<\/p>\n\n\n\n
Generally, most eviction cases are heard virtually (you don\u2019t have to\nactually go to the courtroom), and you can participate by phone or video. If\nyou do decide to attend the eviction hearing, it is important that you are\nprepared to prove your side of the story. Their attorney will represent the\nother party; you should have yours too. If you do not have an attorney, you can\nrequest that the court continue or postpone your eviction hearing for 10 days\nto allow you to gather the money you need to fight the eviction.<\/p>\n\n\n\n
Holdover<\/strong><\/p>\n\n\n\nA landlord can evict a tenant immediately in Arizona if they have legal\ncause. This includes not paying rent on time, violating lease terms, and\ncommitting illegal activity. Landlords must provide proper notice before\nattempting an eviction, which can take up to six weeks to complete.<\/p>\n\n\n\n
A tenant can also be evicted for failing to maintain the property. This\ncan include allowing trash to pile up, inviting rodents into the unit, or\nletting mold grow. The landlord can serve a 5-Day Notice to Pay or Quit in\nthese cases. This gives the tenant five days to either pay the balance owed or\nvacate the property. If the tenant doesn\u2019t move out by the end of the notice\nperiod, the landlord can file an eviction lawsuit.<\/p>\n\n\n\n
Tenants can raise affirmative defenses and counterclaims in an eviction\ncase. For example, tenants can argue that the landlord violated the implied\nwarranty of habitability. This means that a landlord must maintain the property\nin a safe and livable condition for tenants who have an oral or written\nagreement to rent it. Tenants can also claim monetary damages if they\u2019re forced\nto find other housing because of poor conditions at the rental property.<\/p>\n\n\n\n
The tenant\u2019s right to a safe and sanitary dwelling is protected by state\nlaw and federal law. This means that a landlord can\u2019t evict a tenant in Arizona\nsimply for exercising a legally protected right, such as complaining to the landlord\nabout an issue or contacting a government agency about a problem. The tenant\nmay also be able to claim that the landlord violated their constitutional and\nstatutory rights by discriminating against them on the basis of certain\nprotected characteristics, such as race, gender, familial status, or religion.<\/p>\n\n\n\n
A landlord must follow specific eviction procedures to legally remove a\ntenant in Arizona. They must first serve a tenant with an official complaint\nand the appropriate notice of eviction, depending on the reason for eviction\nand the type of tenancy. Once the tenant receives these papers, they must\nattend an eviction hearing. If the tenant doesn\u2019t attend, the landlord can\nautomatically win the eviction case by default and get a judgment against them\nfor the amount of money damages claimed.<\/p>\n","protected":false},"excerpt":{"rendered":"
Landlords in Arizona must closely follow the state\u2019s laws regarding terminating a tenant\u2019s tenancy. This includes giving tenants proper notice prior to beginning an eviction lawsuit. According to Unbiased Options Real Estate, landlords may move […]<\/p>\n","protected":false},"author":1,"featured_media":24865,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[570],"tags":[],"class_list":["post-29123","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-home"],"_links":{"self":[{"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/posts\/29123"}],"collection":[{"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/comments?post=29123"}],"version-history":[{"count":1,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/posts\/29123\/revisions"}],"predecessor-version":[{"id":29124,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/posts\/29123\/revisions\/29124"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/media\/24865"}],"wp:attachment":[{"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/media?parent=29123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/categories?post=29123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.reliablecounter.com\/blog\/wp-json\/wp\/v2\/tags?post=29123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}