In the state of Arizona, several factors can drive a landlord to evict a tenant. If, as a tenant, you fail to pay rent, commit a crime or violate the lease agreement, your actions might terminate your tenancy.
Nevertheless, every landlord needs to adhere to laid down procedures and rules when evicting a client. First, they must take a special detainer action, which basically involves ending the lease agreement. They are then required to provide you with notice, specifying why they want to evict you.
Notice for termination with a specified cause
Landlords must have a legal reason to end a tenant’s rental agreement prematurely. The following notices must be given for an eviction to be viewed as legal.
- Five-Day Notice to Pay Rent
A tenant who fails to pay rent should be issued with this notice. It must prompt them to pay up within five days, failure to which their tenancy will be terminated.
- Five-Day Notice to Cure
This is a notice given to tenants whose actions not to clean their rental spaces result in negative health and safety consequences. Landlords should specify the necessary actions required to be undertaken before five days are over. Failing to perform the maintenance actions can prompt the landlord to file an eviction lawsuit against them.
- Unconditional Quit Notice
Landlords can issue a notice to terminate a lease agreement without providing an opportunity to correct the situation. Arizona law allows landlords to file eviction lawsuits against said tenants immediately after this notice is issued. Due to the instantaneous nature of this notice, it is restricted to the following circumstances:
- Weapon discharge
- Assaulting other tenants
- Engaging in criminal activities
- Use of illegal substances such as drugs
Notice for eviction without a specified reason
If a landlord fails to provide a cause to end a tenancy agreement, they have no choice but to wait until the term ends. Common tenancy agreements can be terminated in the following ways:
- Monthly Tenancy
To end this type of agreement, the landlord ought to issue a notice 30 days prior to the specified end date. The notice should prompt the client to move out before the end date approaches. Failure to exit the premises can prompt the landlord to take action in a court of law.
- Fixed-Term Lease
If you are leasing a unit for more than six months, your landlord cannot end the lease term before the expiry date.
Defenses against evictions
A tenant could fight an eviction lawsuit even if the landlord provided a valid legal reason. They could have their tenancy extended in cases where a landlord failed to take proper care of the premises.
Removal of a tenant
If a landlord wins an eviction lawsuit, the tenant can be removed from their premises by law enforcement. Your landlord should not attempt to kick you out. If you leave any belongings in the unit, you need to retrieve them before 14 days are over. Otherwise, the tenant is allowed by law to sell the items to recover damages and/or unpaid arrears.