questions & answers

Question: What rights to tenancy do I have after relatives death? I have inhabited the apartment for a few weeks and received a 5 day notice, and nothing more. Another relative informed me that the Apartment Managers contacted them saying a court date was set for tomorrow, yet there has been no notice left at the apartment.

Answer: As a general rule, only surviving tenants retain tenancy rights when a co-tenant passes. You may wish to contact the landlord immediately to describe the situation and discuss your options. You may be able to work something out, especially if the rent remains paid. Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), if the rent is unpaid, then the landlord is required to provide whomever may have been authorized by the tenant to enter the tenant’s dwelling unit in order to retrieve and store the tenant’s property should the tenant die with formal written notice and to permit that person to dispose of that property before the landlord does (A.R.S. 33-1314). If you have additional questions or would like specific legal advice, you may wish to speak with an attorney. There are links to organizations offering free or low-cost legal services on this website.