Legal Question in Landlord & Tenant Law in Arizona

I own a property in Arizona that currently has tenants in it. They have a history of paying rent late without notice, this month they did not pay their rent and when I contacted them they claimed that they paid first and last months rent (this is the last month in their lease) when they moved in. I notified them I had the original contract stating that they paid first months rent and a security deposit, they still stated they knew they had paid first and last months. I told her that if they intended to move out their lease required a 30 day written notice, she said "fine today is our notice then" and still stated they were not paying and were not moving out until March 1. The next day she contacted me stating that they made a mistake, and would pay the rent but were hurting on money and needed to pay half now and half in 3 weeks. I told her that was unacceptable and that the rent must be paid in full by March 3, (originally due on the 1st) Today they did not pay it and will not contact us. My question is, what can I do from here? I intend to send them a three day pay or quit notice, but I am sure they will disregard it. I am concerned that they because of the situation they will leave the house a mess and their deposit will not cover the unpaid rent and damages.


Asked on 2/03/12, 8:00 pm

1 Answer from Attorneys
Jeremy Claridge Byrne & Benesch

It sounds like you have a mess on your hands. With the lease coming due, they will be renting on a month to month basis. If you are going to get them out and try to get someone in who is less of a headache, now is the time. Since they are past due and can't pay, give them their five day notice and process a forcible detainer action through your local justice court. You can hire an attorney to handle the action. You'll have to pay upfront. Even though you'll get a judgment against the tenant, it will be your responsibility to collect on that judgment. In other words, don't plan on getting your money back. You other option is to follow the law and use your local justice court's documents to file the action yourself. Applicable statutes include A.R.S. 33-301 et. seq. and 33-1301 et seq.

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Answered on 2/08/12, 7:15 am


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