In Arizona, landlords can evict tenants for many reasons, including not paying rent on time, violating lease terms, and falsifying criminal/eviction history. However, a landlord must follow strict legal procedures in order to terminate the tenancy and avoid probate.
Pay or Quit
Arizona landlords can evict tenants based on many different reasons, including not paying rent on time, violating lease terms, falsifying criminal or eviction history, and committing illegal activity. However, proper notice must be given before ending the tenancy. In addition, an eviction process can take up to six weeks from start to finish. The time it takes to complete the process depends on the reason for eviction and whether or not the tenant contests it.
The most common reason to evict a tenant is not paying their rent on time. This requires the landlord to serve them with a 5-Day Notice to Pay or Quit, which gives the tenant a maximum of five days to pay the outstanding rent and move out of the property. If the tenant does not pay their rent within this timeframe, the landlord can proceed with a Forcible Entry and Detainer lawsuit against them.
Landlords may also evict tenants for breaking the warranty of habitability, which stipulates that tenants must maintain the property in a clean and safe condition. Examples of this would include allowing trash to pile up, which can cause health and safety issues for other tenants or the surrounding community. If a tenant is in material noncompliance with a specific provision of the lease, such as this, the landlord must first give them a 10-Day Notice to Comply before moving forward with an eviction lawsuit.
A landlord must be careful not to charge excessive late fees or other charges on a tenant’s account, as these could violate state laws. To avoid these issues, it is best to specify any allowed late fees or other charges in a written lease or rental agreement. Landlords may also be able to evict tenants who remain in their properties after their lease or rental agreement ends, which is called a holdover. However, it is best to consult an attorney to determine if this is a valid reason for eviction.
After serving the tenant with the appropriate eviction notice, it is important for the landlord to keep track of how long the deadline to vacate the property is. This way, they can be sure that the eviction process is progressing as it should. If the landlord is unsure that the tenant has received their notice, it is recommended that the landlord sends it by certified mail with a return receipt or hand-deliver it to ensure that the tenant receives it in a timely manner.
Stop Eviction
In Arizona, landlords must give a tenant a five-day notice to comply with the lease terms before beginning the eviction process. Alternatively, if material noncompliance with the law or lease affects health and safety, the landlord can file an eviction lawsuit on the sixth day. For tenants on a month-to-month tenancy, the landlord may serve them a 30-Day Notice to Quit.
When a landlord files an eviction complaint in court, they will also receive a summons. The summons will specify a date and time for an eviction hearing. Landlords must visibly post the summons on their property and send a copy to the tenant via certified mail with a return receipt. Landlords must also draft a declaration of service that the original signed notice and copy of the summons were delivered to the tenant.
Once the eviction notice period expires, the tenant can choose to either pay rent or move out. The landlord must immediately stop eviction proceedings if they choose to pay rent. If the landlord hasn’t received the full amount of rent owed by the end of the eviction process, they can sue for the balance.
However, a landlord can still evict a tenant who has not paid their rent or violates another lease agreement term. A landlord can also evict a tenant who commits serious damage to the rental property or disturbs other tenants in a threatening or violent manner. Landlords can also evict tenants who have falsified basic information on their rental applications, such as the number of occupants or inaccurate employment and income information.
If a tenant does not comply with the terms of their tenancy agreement, the landlord can file an unlawful detainer lawsuit in court to evict them. The court will review the case to ensure that all the facts are correct before deciding whether to grant a judgment against the tenant.
A tenant should know that if they have an unsecured loan from a financial institution or credit union, the bank can seize their personal belongings to cover the debt owed by the landlord. If this happens, the tenant may not get any money from their property if it is sold or donated to charity.
Eviction Hearing
In Arizona, landlords are allowed to evict tenants from their rental properties if the tenant has violated the terms of their lease. The tenant may have failed to pay rent, or they may be causing disturbances that are impacting the neighbors. Landlords must follow specific steps to evict a tenant and must serve a proper eviction notice to the tenant. The tenant must receive the notice personally or by certified mail and have proof that it was served. If a tenant has not left the property by the date specified in the eviction notice, the landlord can sue to evict the tenant.
A 5-Day Notice to Pay Rent or Quit is required by law in Arizona if the landlord intends to evict a tenant for nonpayment of rent. This eviction notice gives the tenant five days to pay the rent they owe or vacate the property. Landlords can also sue to evict tenants for violating the lease terms or state laws.
Landlords can also evict tenants for health, building, and safety code violations. For example, if a tenant has been throwing parties that disturb other residents, a landlord can take them to court for eviction. Tenants can also be evicted if they stay in the property after their lease or rental agreement has ended, known as a holdover tenant.
An eviction hearing is an opportunity for both the tenant and the landlord to present their side of the story before a judge. The judge will decide whether the eviction should be upheld and whether the landlord has followed all the appropriate steps in the eviction process. The tenant may be able to show that the landlord acted unfairly and that there are other ways to resolve the issue.
A tenant can also try to work out an agreement with the landlord before the eviction hearing. This might include a payment plan or a written agreement on what needs to happen for the tenant to stay on the property. Tenants should still attend the eviction hearing to ensure that the agreement is documented and included in the court record.
Final Notice
Tenants can only be evicted legally in Arizona when they are behind on their rent or have breached the terms of their lease agreement. Landlords must give a specific amount of time to correct the problem or move out before they can file an eviction lawsuit against the tenant. The eviction process typically takes between one and six weeks, depending on the reason for eviction and how quickly the landlord acts.
To begin the eviction process, a landlord must serve a specific form of eviction notice to the tenant. For example, if the landlord is trying to evict the tenant for not paying their rent, they must first provide the tenant with a 5-Day Notice to Pay Rent or Quit. This eviction notice states that the rent is past due and gives the tenant five days to pay what they owe or move out of the property.
For evictions that aren’t related to late rent, the landlord must provide the tenant with a different type of eviction notice. The Arizona Landlord can use a 3-Day Notice to Quit for a variety of reasons, including unruly behavior, not keeping the premises in good condition, or committing a crime on the property. This notice informs the tenant that they have three days to vacate the premises or face a possible eviction lawsuit.
Landlords must also serve tenants with a 5-Day Notice to Quit for a variety of reasons other than non-payment of rent, such as breaking the terms of the lease agreement or committing a crime. This eviction notice informs the tenant that they have five days to pay what is owed or move out of the premises. Landlords can also use this eviction notice to terminate a tenant’s tenancy early for reasons such as health, building, and safety violations or when the landlord wants to reoccupy the property.
Landlords must follow the appropriate Arizona eviction law when terminating a tenancy early. This is because they must have “cause” to evict the tenant, such as failing to pay their rent, violating the lease or rental agreement terms, or committing a crime on the premises. If the landlord does not have a valid reason to evict the tenant, they will be subject to a legal process called a special detainer action.
