Eviction

questions & answers

Question: I never signed a lease and now the landlord is trying to evict me. Can they?

Answer: Never signed a lease - are you referring to a rental agreement? According to the landlord/tenant act in Arizona whose provisions fall under Title 33, Chapter 10 there is not a definition of a lease. However, generally, lease is used synonymous with rental agreement. Per A.R.S. §33-1310(12) a “rental agreement” means all agreement, written, oral, or implied by law, and valid rules and regulations adopted as set in the Arizona law the includes the terms and conditions concerning the use and occupancy a dwelling unit and premises. Under, A.R.S. §33-1310(4) a “dwelling” is used a home, a residence, or where a person sleeps who maintains a household. The above states that a rental agreement can be written, oral, or implied in law. Implied in law is complicated where this involves the court deciding if it created and imposed by law. Now, A.R.S. §33-1314(B) states, in the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. As long as the tenant pays rent and the landlord collects there would appear to be an agreement based on conduct. Further, per A.R.S. 33-1314(D) provides that unless the rental agreement fixes a definite term, the tenancy shall be month-to-month. But if you are in a “roomer” (where there is no bathroom or kitchen facility), then this tenancy shall be week-to-week. Keep in mind a landlord or tenant may terminate a tenancy, but must do so in writing. If the tenancy is week-to-week, then notice given must be at least 10 days in advance prior to the termination. If the tenancy is month-to-month then notice must be given at least 30 days prior to the period rental date specified in the notice. Unfortunately, there is no one size fits all. Different factors may affect the outcome of a person’s situation. For specific help it is recommended you contact an attorney to discuss your options and remedies.