questions & answers
Question: Am staying at motel since 10/7/14. Can owners evict me without taking me to court?
Answer: The answer to your question depends on the agreement you have with the owners about the length of your tenancy. A.R.S. 33-341 provides: 33-341. Termination of tenancies A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires. B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required. C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days. D. When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary. E. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will. Depending on your circumstances, you may be considered a month-to-month tenant in the absence of any agreement to the contrary. As set forth in subsection D, if the agreement is solely for a certain time period, then the tenancy expires at the end of that time period. To answer your specific question about evicting you without taking you to court, because it is a hotel, A.R.S. 33-361 applies, which provides for self-help (eviction without court) and reads in part: 33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession, or, without formal demand or reentry, commence an action for recovery of possession of the premises. Page 23 of this website is a good place to look for additional information: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Please note that I am responding to your question based on limited information and answering your question does not constitute legal advice or create an attorney-client relationship. I wish you the best going forward.
Am staying at motel since 10/7/14. Can owners evict me without taking me to court?
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State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
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Referral number 520-623-4625
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