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.