Eviction

questions & answers

Question: Rent $750 is due on 1st of the month. Tenant paid $100 on 7-6 & $400 on 7-8, promising to pay balance next day. 7-20 still no payment. issued written demand today. Do I have to wait to issue 5 day eviction after making written demand? What option do I have, if any?

Answer:

You may want to review the Arizona Residential Landlord and Tenant Act. A.R.S. § 33-1368 explains a tenant's noncompliance with the rental agreement. Subsection B of that statute states:

A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.

You may want to read the entire statute to see how it applies to your situation. Additionally, there is an article on this site titled "The Court Process for an Eviction." You may want to review that article as well as the article on the "Arizona Residential Landlord and Tenant Act" for more information.

QUESTIONS

  • Rent $750 is due on 1st of the month. Tenant paid $100 on 7-6 & $400 on 7-8, promising to pay balance next day. 7-20 still no payment. issued written demand today. Do I have to wait to issue 5 day eviction after making written demand? What option do I have, if any?

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