Landlord and Tenant Rights and Responsibilities

questions & answers

Question: What is the process for evicting a tenant for Health & Safety Reasons (bed Bugs) I sent notice to terminate lease agreement already.

Answer: A.R.S. 33-1368(A) specifies that “If there is a noncompliance by the tenant ... materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.” A landlord whose tenant remains in breach of the rental agreement more than five days after such notice is given may proceed with an eviction under A.R.S. 33-1377 by filing an eviction complaint at the courthouse then serving the tenant with a conformed copy of the complaint and a summons identifying the date, time, and location of the hearing.