questions & answers

Question: I am listed as an occupant in my boyfriends apartment. There was an incident that i allegedly damaged a car parked outside the apartment complex gates. The incident was reported 2 weeks ago and there is no physical evidence that proves i did it ans no arrest was made after being questioned by police. I was delivered with a notice to vacate the apartment or my boyfriend would be evicted. Is this legal? Can they do that? We're current and paid up on our rent as well.

Answer: This is what the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10) says about such situations (at A.R.S. 33-1368(A)(2)): (i.) If there is a noncompliance by the tenant with the rental agreement (or with Arizona law) “materially affecting health and safety,” then the landlord may deliver a written notice to the tenant specifying the acts or omissions constituting the breach and stating that the rental agreement will terminate on a date not less than 5 days after receipt of the notice if the breach is not remedied in five days. (ii.) If there is an additional act of this type of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, then the landlord may seek the eviction of the tenant 10 days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. (iii.) If there is a breach of the rental agreement that occurs on the premises and is “both material and irreparable” then the landlord may deliver a written notice for immediate termination of the rental agreement. Such a breach would include the illegal discharge of a weapon; homicide; prostitution; criminal street gang activity; the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance; threatening or intimidating; assault; acts that have been found to constitute a nuisance, or any other breach of the rental 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.” If the landlord does seek the tenant’s eviction on one of these grounds, but the allegations are false and the tenant would like to dispute them, then the tenant should file an answer with the court in response to the landlord’s complaint and summons and then also appear at the hearing to speak directly with the judge.