questions & answers

Question: What's the legal way to evict my ex-husband out of my apartment? I am the only one on the lease and he is an "approved tenant". I only allowed that 2 months ago because I moved to California and still had 6 months left on my lease and at the time he was working and was suppose to pay the rent. I came back after one month and had to catch up the rent and move back in and now he's not working or contributing anything, so I want him to leave since I am the only one legally responsible for all the rent. How much notice do I have to give him to leave? My landlord said I have to evict him.

Answer: Here are the rules to evict someone: Options for the Tenant •The tenant has the right to reinstate the rental agreement by paying the rent due, in full, and any reasonable late fees set out in the lease. Taking this action will avoid eviction if done before the complaint is filed. •The tenant has the right to reinstate the rental agreement after the complaint has been filed but before a judgment is entered by paying the rent due, in full, any reasonable late fees set out in the lease, the landlord’s costs and attorney fees. If the tenant does so before a judgment is entered, he can avoid eviction. •The tenant does not have a right to reinstate the rental agreement after a judgment has been entered. The landlord has sole discretion over this. Defenses As a general rule, the only defense to an allegation of nonpayment of rent is that the rent was actually paid, in the manner and in the amount provided in the lease. In order to better protect your rights, keep copies of all payments and notices exchanged between your landlord and yourself. Additionally, require your landlord to put all agreements in a writing s/he signs and dates. If you think you will have a problem, try to get additional evidence, such as witnesses or photographs. . If you receive an eviction notice, you are encouraged to seek legal assistance as soon as possible. You may want to look at ARS 13-1368 B. 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. This is only a portion of the statute. You may need to consult with an attorney for more legal information.