Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Emergency Removal of occupant by lease holder or tenant?

Answer: In a true emergency, the landlord or the tenant should immediately contact the police. If an occupant who is merely a guest and is not covered by the rental agreement is refusing to leave, that person may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises (A.R.S. 33-1378). If a landlord who has leased the dwelling (or part of it) to a tenant or a tenant who has a sub-leased the dwelling (or part of it) to a subtenant wishes to evict that tenant from the premises in any other situation, they must follow the formal process for obtaining an eviction (or “special detainer,” as it is called in Arizona) through the court system. If the tenant has breached the rental agreement in a way that is extremely serious – “both material and irreparable” – for example, by engaging in violent or criminal activity on the premises, then the first step is to deliver written notice to the tenant (or subtenant) of the immediate termination of the rental agreement (A.R.S. 33-1368(A)(2)) and the second is to file a complaint with the court (A.R.S. 33-1377). The Arizona Judicial Branch Self-Service Center (https://www.azcourts.gov/selfservicecenter/) has a section designed to help people apply for evictions.