questions & answers

Question: A friend of mine owns a business and he is leasing the building to someone. When the lease expired in January, the leasee was not interested in renewing the lease and is now still there and refusing to pay rent. What are his rights? Can he evict him? How does he go about it?

Answer: A commercial landlord’s rights and responsibilities always depend at least in part on the specific terms and conditions of the agreement between the landlord and the tenant. So your friend may wish to contact an attorney. However, as a general rule, A.R.S. 33-361 says the following: “A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession or, without formal demand or reentry, commence an action for recovery of possession of the premises. B. The action shall be commenced, conducted and governed as provided for actions for forcible entry or detainer and shall be tried not less than five nor more than thirty days after its commencement. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs...” If a commercial landlord wants a tenant to be formally evicted from the premises, the landlord may obtain the required court forms by visiting the nearest court or the nearest court’s website.