Eviction

questions & answers

Question: Rent was raised and pet deposit applied after lease expired. What is the process of eviction with no lease?

Answer: In Arizona, a landlord may seek an eviction (or “special detainer” action) by filing a petition with the court if and when (1) a tenant violates one of the tenant’s obligations (such as the obligation to pay rent on time) and (2) as a result of this violation by the tenant the landlord wishes to retake possession of the rental unit (A.R.S. 33-1337). There is no requirement that a formal written lease exist between the landlord and the tenant. Before a landlord may go to court, the landlord first must provide the tenant with written notice. If, for example, a landlord wishes to evict a tenant for not paying rent that the tenant owes, then the landlord must give the tenant written notice (i.e. a letter) specifying that the tenant has 5 days to pay the rent or eviction proceedings will begin (A.R.S. § 33-1368(B)). If, even after the tenant has received this letter from the landlord, the tenant does not either pay the rent owed or move out, then the landlord may begin the eviction process.

QUESTIONS

  • Rent was raised and pet deposit applied after lease expired. What is the process of eviction with no lease?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS