Legal Question in Landlord & Tenant Law in Arizona

eviction/ Arizona

Month to month two tenants in one bedroom. Association complaint and residents in condo complex. More than two tenants, cigarette burns holes on entrance to corodor at least a dozen, traffic 24 hrs , mutiple police visits and arrest to tenants and friends, noise and lottering. How and can I do a 10 day eviction for breach?


Asked on 11/13/07, 12:55 am

1 Answer from Attorneys

William Fife Law Office of William Fife PLC

Re: eviction/ Arizona

According to ARS 33-1368, "if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification shall include the following untrue or misleading information about the:

1. Number of occupants in the dwelling unit, pets, income of prospective tenant, social security number and current employment listed on the application or lease agreement."

The tenant must be given the ten days to remedy the breach. If they do not they must vacate the premises. The same statute provides for recovery of damages. See paragraph C.

Also, depending on the purpose of the police involvement the time frame can be shortened to five days or less, but I would need the factual information to advise in regards to whether the 5 day or immediate termination remedies are available.

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Answered on 11/13/07, 9:40 am


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