In Arizona, landlords cannot evict tenants or force them to vacate the property without a reason. This article summarizes the reasons allowed for evictions under Arizona law, and the types of notices required to start the eviction process.
Failure To Timely Pay Rent
A tenant’s failure to pay rent in a timely manner is a common ground for eviction in Arizona. Rent usually is considered late a day past its due date. The tenant must be served with a written 5-day Notice To Pay Rent. If the tenant pays the rent within those 5 days, then the eviction process ends. If the tenant is unable to pay, the landlord can continue in court with the eviction process.
Breach of the Rental Contract
If a tenant violates any terms of the lease agreement, the landlord can initiate the eviction process by serving the tenant with a 10-Day Notice To Comply. If the tenant resolves the issues within the 10-day period, the eviction process ends. If the tenant fails to comply with the 10 Day Notice, the eviction proceeds to court involvement.
If the breach involves the tenant’s misrepresentation or failure to disclose facts related to his or her criminal/eviction history, there is no opportunity to cure the violation. The tenant has 10 days to vacate the property. If he remains, the eviction will continue.
Illegal Activities
If a tenant has engaged in any illegal activity on the property, the landlord must serve a Notice to Vacate. The landlord can decide the length of the notice period. We recommend giving the tenant at least 5 days to vacate to ensure the court would consider the time given to be reasonable. If the tenant remains in the property after the notice period given by the landlord is up, the eviction process can continue.
Material Health or Safety Violation
Arizona permits evictions based on a tenant’s violation of health and safety laws. If such a violation occurs, the landlord must issue a 5 Day Notice to Comply to allow the tenant time to fix the problem. The tenant must complete repairs or fix the problem within 5 days. If the tenant is unable to do so, the landlord may continue with the eviction process.
Non-Renewal Of Rental Contract
If an Arizona tenant “holds over,” (i.e., stays in the rental unit after the rental term has expired), then the landlord must give tenants notice before evicting them. The amount of time required in the notice depends on the type of tenancy. If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit. If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process in court
If you want to learn more or would like to start a case, please contact us for a free consultation. We can be reached at 888-441-2355 or by email at info@lynxlegal.com Our experienced representatives are standing by to answer any questions you may have.
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