Eviction

questions & answers

Question: Is it legal for my landlord to issue me a five day notice then take my keys on the fifth day, a day I have a email proving I had a work related test to take which I missed , take my keys and tell me to make an appointment with him to get my things

Answer: A landlord may not under any circumstances lock a tenant out of a rented dwelling for a failure to pay rent without first obtaining approval to do so from a court of law through the formal eviction (or “special detainer”) process (A.R.S. 33-1368). The purpose of the 5-day notice is to warn the tenant that if the tenant does not comply with the tenant’s obligations within 5 days, then the landlord will start an eviction action. It does not give the landlord the right to take away the tenant’s keys, even after 5 days. It simply gives the landlord the right to go to court to have the tenant evicted. A tenant who is locked out of a dwelling may file a complaint with the court. If it is determined that the landlord acted unlawfully, then the tenant will be given the choice to either recover possession or terminate the rental agreement, and, in either case, also will be able to recover an amount of up to two months’ rent or twice the actual damages sustained by the tenant, whichever is greater (A.R.S. 33-1367).

QUESTIONS

  • Is it legal for my landlord to issue me a five day notice then take my keys on the fifth day, a day I have a email proving I had a work related test to take which I missed , take my keys and tell me to make an appointment with him to get my things

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