Eviction

questions & answers

Question: If I have become aware of illegal activity by someone who rents a room in my house can I by law immediately have him evicted for my protection?

Answer: Under the Arizona Residential Landlord and Tenant Act (ARLTA), if a tenant violates the rental agreement and/or Arizona law and the breach “is both material and irreparable” (it needs to be serious) and “occurs on the premises,” then the landlord may deliver a written notice to the tenant for immediate termination of the rental agreement then file an eviction complaint against the tenant in court (A.R.S. 33-1368(A)). The ARLTA lists the following as examples of “material and irreparable” breach: “an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage (A.R.S. 33-1368(A)).