Landlord and Tenant Rights and Responsibilities

questions & answers

Question: So i moved in a duplex and only been here a week can the landlord throw me out from one day to the nexts with no eviction notice just came and said he wants me out tomorrow can he do that?

Answer: Under Arizona law, a landlord may not under any circumstances evict a tenant without first providing that tenant with advance written notice and an opportunity to cure – between 5 and 10 days, depending on the nature of the tenant’s noncompliance with the rental agreement (A.R.S. 33-1368) – and then filing a complaint with the court and serving that complaint and a summons on the tenant (A.R.S. 33-1377). Only a judge, after an eviction hearing, may order a tenant to vacate a rented dwelling. If a landlord were to “lock out” a tenant without first receiving permission to do so from a judge, the tenant would be entitled to “recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater” (A.R.S. 33-1367).