08 May Arizona Laws on Eviction
In Arizona, a landlord must provide a tenant with the agreed-upon shelter unless a legal cause for eviction has occurred. Tenant rights and landlord obligations are laid out in Arizona Residential Landlord and Tenant Act. If a landlord wishes to evict a tenant, they must follow certain procedures under Arizona law.
Reasonable Grounds for Eviction in Arizona
Pursuant to ARS 33-1368, there are several reasons a landlord would be within their right to evict a tenant.
- Failure to pay rent
- Violation of lease terms or rental agreement
- Illegal activity
Rules for Eviction in Arizona
If a landlord wishes to evict a tenant for any of the above reasons, they must take the appropriate legal actions. However, the steps are slightly different depending on the reason for eviction.
Eviction for Failure to Pay Rent
In Arizona, a landlord is required to give the tenant a 5-day notice and the opportunity to pay the missed rent. If the tenant has not paid within the allotted time, the landlord may file for eviction on the sixth day. As long as past-due rent is paid within the 5-day period, the landlord does not have grounds to evict the tenant.
Eviction for Violation of Lease Terms
If a tenant has violated the rental agreement the landlord must give a notice to cure. A 5-day notice to cure must be provided if the violation affects the health and safety of other tenants. If necessary action is not taken to remedy the situation, the landlord may proceed with the eviction process.
Any offenses against the rental agreement that do not impact the health of others such as a change in the number of occupants dwelling in the unit, unagreed-upon pets, or falsification of information on the lease, must be given a 10-day notice to cure before an eviction can proceed.
Eviction for Illegal Behavior
In the event that the tenant participates in the following illegal behavior, the landlord may file an unconditional quit notice, which immediately terminates the lease. The landlord is within their legal right to proceed with the eviction process on the same day the notice is provided.
- Use or sale of illegal drugs
- Discharging a weapon
- Prostitution
- Criminal street gang activity
- Assault or acts that threaten harm to others
- Homicide
Eviction without Cause
If the landlord desires to evict but tenant behavior does not fall under one of the above reasons, they must wait until the end of the term of the lease to proceed with the eviction process. In the case of month-to-month tenancy, the landlord must give a 30-day notice before requiring the tenant to vacate the property. For fixed leases of 6-months or a year, the landlord must wait to evict until the end of the lease and only needs to provide a notice if the lease terms require one.
Defense Attorney in Phoenix
If you believe an eviction order has been taken without just cause or notice, you need an experienced defense attorney on your side. Give us a call at Coolidge Law and we’ll fight for your rights!