Eviction

questions & answers

Question: My landlord came to my house and served me a 24hr notice stating that there are an unusual amount of people coming to the premises at all hours of the night, that there are unauthorized people "living" in the home and he thinks there is use of marijuana on the premises. I have lived in this house for a year and haven't had any issues the house is a duplex and someone just moved in and we havent agreed on everything.So the landlord basically listened to what the neighbors said and served me with a notice of immediate termination! I am 8months pregnant I have people come over to assist me everyd

Answer: You should consult the Arizona Residential Landlord Tenant Act for guidance.  You can find it here:

http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf


In general, and under A.R.S. 33-1368, the landlord must provide ten days notice of termination and an opportunity to cure the alleged default prior to terminating the lease.  The exception is a default "materially affecting health and safety" which provides for termination upon five days notice if the issue is not cured.

The only bases for immediate termination are found in A.R.S. 33-1368 and are as follows:

 If there is a breach that is both
material and irreparable and that occurs on the
premises, including but not limited to an illegal
discharge of a weapon, homicide as defined in
sections 13-1102 through 13-1105, prostitution as
defined in section 13-3211, criminal street gang activity
as prescribed in section 13-105, activity as prohibited
in section 13-2308, the unlawful manufacturing, selling,
transferring, possessing, using or storing of a
controlled substance as defined in section 13-3451,
threatening or intimidating as prohibited in section 13-
1202, assault as prohibited in section 13-1203, acts
that have been found to constitute a nuisance pursuant
to section 12-991 or a breach of the lease agreement
that otherwise jeopardizes the health, safety and
welfare of the landlord, the landlord's agent or another
tenant or involving imminent or actual serious property
damage, the landlord may deliver a written notice for
immediate termination of the rental agreement and
shall proceed under section 33-1377.

Thus, if sales of drugs were occurring, the landlord would have an immediate right of termination.

You are permitted to have visitors.  If you have not violated the lease, you should respond to the landlord in writing refuting the allegations contained in the notice.  The landlord would be required to file a lawsuit against you to evict you, and you would have the opportunity to defend yourself if that occurred.

Please note that I am providing general information based on the limited information available to me.  I am unable to provide you with legal advice, and we have not entered into an attorney-client relationship.  I do recommend that you consult a landlord-tenant attorney to assist you further under your circumstances.

I wish you the best going forward.

QUESTIONS

  • My landlord came to my house and served me a 24hr notice stating that there are an unusual amount of people coming to the premises at all hours of the night, that there are unauthorized people "living" in the home and he thinks there is use of marijuana on the premises. I have lived in this house for a year and haven't had any issues the house is a duplex and someone just moved in and we havent agreed on everything.So the landlord basically listened to what the neighbors said and served me with a notice of immediate termination! I am 8months pregnant I have people come over to assist me everyd

STORIES

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