How can a lease be terminated under the laws of Arizona?
If the tenant does not owe any rent, a fixed term lease generally cannot be terminated before the end of the term. If the rental period is month-to-month and neither party is in violation of its obligations under the agreement, the agreement can be terminated by giving at least 30 days written notice (10 days for a week-to-week tenancy). The tenant must be allowed to be present during the move-out inspection.
The tenant has the right to terminate the agreement if the landlord has failed to make repairs affecting health and safety. The tenant must give 5 days' written notice requesting such repairs, and if the landlord fails to make them, the tenant may move out after the end of the 5th day.
When is the landlord permitted to enter the premises?
The landlord may enter the premises to inspect, make repairs, alterations, decorations or improvements at all reasonable times, upon at least 2 days' advance notice to the tenant, except in the case of emergency, when the landlord may enter without the tenant's consent. The tenant must allow the landlord to enter the premises for repairs, inspections, etc at reasonable times after receiving proper notice.
The tenant must also allow the landlord to show the premises to a prospective tenant, buyer, contractor or mortgagee, provided the landlord gives the tenant at least 2 days notice.
On what grounds can a landlord evict a tenant in the State of Arizona?
If the tenant falls behind in rent, the landlord must give written notice that the tenant has 5 calendar days in which to pay the past due rent, or the rental agreement will be terminated and the tenant will be evicted. This written notice can be given either by personal delivery, or by certified or registered mail, at any time that the rent is past due. If the tenant does not pay the rent, the landlord can file a forcible detainer complaint in the Justice of the Peace Court on the 6th day. The court will issue a summons ordering the tenant to appear in court to show why they should not pay rent or vacate the premises. If the tenant fails to appear or to provide the court with appropriate reasons, the court will issue a Writ of Restitution (an eviction order).
The landlord can also evict a tenant if the dwelling is not maintained or the tenant causes damage to the dwelling.
The landlord can evict a tenant immediately if the tenant engages in any of the following activities in the rental premises: illegal discharge of a weapon; prostitution; criminal street gang activity; unlawful manufacturing, selling, using, storing, keeping or giving of a controlled substance; or infliction of serious bodily harm. Threatening or intimidating behavior or falsification of a document may also be grounds for immediate eviction.
A landlord cannot keep a tenant's belongings in place of rent money owing. A landlord cannot lock a tenant out or intentionally cut off electric, gas, water or other essential services, until 1 day after an eviction order signed by the court has been served on the tenant. A tenant may be entitled to 2 months' free rent (or twice the amount of damages suffered by the tenant) if the landlord wrongfully locks the tenant out or intentionally cuts off essential services.
A landlord cannot refuse to rent to families with children unless the rental premises are in a subdivision or area which is restricted to adults only (by formal deed restrictions) or which qualifies as housing for older persons, under the Fair Housing Act.
A landlord cannot refuse to rent to someone based on race, sex or disability.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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