If you have a tenant who is not paying rent or otherwise violating your rental property’s terms, you can start an eviction (special detainer) action against them. The first step is to serve the tenant a notice that complies with Arizona’s eviction laws.
According to Unbiased Options Real Estate, tenants can avoid eviction by paying the past-due rent and fees before the eviction/forcible detainer is filed. They can also file counterclaims for monetary damages if they believe the landlord violated the law or their rental agreement.
Lease Termination Notice
A lease termination notice is a document sent to a landlord or property manager that informs them you are moving out of the rental. It typically gives 30 days’ notice but may require a different time frame depending on the lease or state law.
Some states allow tenants to break their leases early without penalty if it is due to military service, domestic violence, or an emergency medical situation. This can save both parties money as it is less costly than terminating the rental agreement and moving out of the home. However, you will still need to submit a letter or provide a written reason for the early termination.
Tenants can also terminate their lease agreements early if they have been in violation of the terms. This could include doing unapproved renovations, owning pets that aren’t permitted, or even having too many people living in the rental home at one time. It is important to communicate with your landlord about the reason for breaking the lease early so that they are not surprised by your decision when you are leaving.
A letter or notice informing a tenant of the end of their lease will usually be sent by certified mail to ensure it is delivered. A return receipt should be provided to verify that the letter has been received. The letter should contain a date that indicates the last day of the lease and the reason for moving out. Keeping a copy of this letter for your records is a good idea.
When drafting your lease termination letter, be sure to use professional language and include the name of you and the landlord. You should also include your current address, as this will serve as proof that you have moved out of the rental home. The letter should be straightforward and polite; it is not the time to raise any grievances or complaints.
If you are unsure about the format of your lease termination letter, it is always best to consult with an attorney. They will be able to help you create a document that is in compliance with the law. Alternatively, you can find many free templates online to use as a guide. However, be careful when using a template to make sure that it meets all of your state’s requirements. For example, you should always check the state’s laws about how long the notice should be and whether or not it must include a specific reason for moving out. If you do not meet the minimum requirements, your landlord can refuse to accept it and could pursue an eviction lawsuit. Evictions are generally very expensive, so it is important to ensure that all the requirements for terminating your lease are met.
Notice to Comply or Vacate
If a tenant fails to pay rent within the 3-day period that begins after the landlord serves them with a notice to comply or vacate, the landlord can begin the eviction process. Landlords must also provide a written statement that includes the amount of rent owed, any late fees, and the date that rent became due. A landlord cannot file an unlawful detainer against a tenant until the rent has been paid.
If the landlord discovers that a tenant has engaged in illegal conduct on the property, such as drug possession or disturbing others, they can ask the tenants to leave by providing them with a notice to comply or vacate. A tenant can defend against this type of eviction by providing proof that they followed all laws and acted in good faith. Landlords must always follow the rules set out in the Arizona Revised Statutes that cover eviction actions. If the landlord fills out these forms incorrectly, it can give tenants a strong defense against the eviction lawsuit. A landlord must consult an attorney for advice when filling out these forms to avoid any mistakes.
A landlord can also evict a tenant without a lease by following the state’s landlord-tenant laws. These laws outline tenants’ rights, the notice requirements to be given before asking a tenant to vacate, and the reasons a landlord can evict a tenant from their rental property. Tenants without a lease are known as “tenants at will.”
Arizona landlords can evict tenants who do not comply with the terms of their lease agreement. This could include allowing unauthorized pets to live on the property when it states that they must be caged or kept outside. Arizona law also allows landlords to evict tenants who violate health, safety, and building codes or engage in illegal activities such as causing damage to the property, disorderly behavior, or harassment. Landlords can issue a 10-Day Notice to Comply or Vacate if a tenant repeats a specific lease violation.
If a tenant believes they have a legal defense to an eviction, they can use an Answer form to let the court know. Then, they must take part in the eviction hearing in person, over the phone, or online. They must present their defense to the judge, who decides whether or not to evict the tenant. The judge’s decision can be appealed if the tenant wins the appeal. If the tenant loses the appeal, they will be forced to move out of the property as soon as the judge issues a writ of restitution. Tenants whom an attorney represents may be able to get the writ of restitution withdrawn. This is often done if the landlord has made serious errors when filing the eviction complaint in court.
Notice to Vacate for Illegal Conduct
As a landlord in Arizona, you must ensure your tenants adhere to the terms of their lease or rental agreement. If they’re not, you may be able to start the eviction process by issuing them a notice to comply or vacate. Landlords must follow all of the state’s rules for evicting tenants, so you’ll want to review the Arizona Residential Landlord and Tenant Act before proceeding. There are also a variety of online eviction forms you can use that will walk you through each step of the eviction process, helping you ensure you’re using the correct form and following all of the appropriate rules.
Some of the most common reasons a landlord can give for a notice to vacate include nonpayment of rent, illegal activity on the premises, and exceeding the term of the lease. Landlords may also evict a tenant for falsifying information on their rental application, such as the number of occupants or employment and income information.
When you decide to evict your tenant for failing to pay rent, you can provide them with a five-day notice to pay or quit. This allows the tenant to remedy the issue by paying rent or moving out before the court files an eviction lawsuit against them. Landlords can also evict tenants for other violations of the state’s landlord-tenant laws, including causing a disturbance to other residents, making unauthorized changes to the property, and keeping pets despite a lease or rental agreement forbidding them.
You can also evict your tenants for breaking any of the terms of their rental agreement by serving them a 10-day notice to vacate for violating the lease terms. This doesn’t give them a chance to fix the violation, so it can be used when serious issues require immediate action by the landlord.
It’s important to note that you cannot evict your tenants through self-help tactics, such as locking them out or removing their belongings from the property. These actions can be considered a breach of the landlord-tenant law and could result in the landlord being fined or even having to pay up to twice the number of damages sustained by the tenant as a result of the landlord’s wrongdoing.
Once you’ve served the appropriate notice, you can file an eviction complaint with the court. The court will schedule an eviction hearing within three to six days of the filing date. At the eviction hearing, you must prove you have cause to evict the tenant by presenting solid evidence of their failure to uphold the terms of their lease or rental agreement. The judge will then determine whether to uphold the landlord’s complaint and issue an eviction judgment against the tenant. If the eviction judgment is upheld, the tenant has the option to appeal the ruling.