Eviction

questions & answers

Question: what are the procedures for evicting a tenant from an rv park with a handicap wife when the spouse is the one causin all the problems

Answer: The applicable procedures are identical for every tenant who resides in the park under the terms of a rental agreement. Arizona’s Recreational Vehicle Rental Space Act (A.R.S. Title 33, Chapter 19) says the following (at A.R.S. 33-2143): “D. Except as otherwise prohibited by law: 1. If there is a material noncompliance by the tenant with the rental agreement, the landlord shall deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. 2. If there is a noncompliance by the tenant materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate. 3. If there is a noncompliance by the tenant that is both material and irreparable, including an unlawful discharge of a weapon, prostitution as defined in section 13-3211, the unlawful manufacture, sale, use, storage, transfer or possession of a controlled substance as defined in section 13-3451, the infliction of serious bodily harm, assault as prescribed in section 13-1203 or any other action that involves imminent serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed in a special detainer action pursuant to section 33-1485. 4. If a tenant engages in repetitive conduct that is the subject of notices under this subsection, after two incidents of the same type documented by the landlord within a twelve month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month period, the landlord may deliver a written notice to the tenant specifying the repetitive conduct and the documentation and advising the tenant that on documentation of the next incident of the same type final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice. 5. If a tenant has been involved in three or more documented incidents of conduct of any type described in this section within a twelve month period, the landlord may deliver a written notice to the tenant specifying the conduct and the documentation and advising the tenant that on documentation of the next incident final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice. E. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.”

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