In Arizona, landlords and tenants can enter into written or verbal lease agreements. To terminate either type of agreement, one party must provide the other with written notice. Landlords can sue their tenants who do not leave their units after their tenancies end. Holdover tenants are those who stay beyond their lease terms. The Arizona Residential Landlord and Tenant Act provides landlords with lien rights to sell personal property after obtaining an unlawful detainer order.
Termination and Holdover Tenant
If the lease allows them to terminate, tenants must terminate a lease agreement before the agreement ends. For tenants with month-to-month leases, they can terminate their tenancy by providing their landlords with at least 30 days’ written notice before the next rent payment is due. For weekly tenants, they must provide at least 10 days’ written notice. Tenants who do not move after their lease agreements end and remain in their rentals without permission may be liable for willful and bad-faith damages. Landlords can recover two months of rent and twice the amount of damages they sustained as a result of their holdover tenant.
No Fixed Term
In the absence of a tenancy term in an oral or written lease agreement, Section 33-1314 of the Arizona Residential Landlord and Tenant Act states the method of payment determines the term of the tenancy. For example, if a landlord collects rent on a weekly basis from his tenant, then the tenant is a week-to-week tenant. If the landlord collects rent on a monthly basis, then the tenant is on a monthly lease and must provide her landlord with at least 30 days’ written notice of termination.
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Section 33-342 of the Arizona Residential Landlord and Tenant Act states that tenants who holdover their tenancies without obtaining permission have consented to a renewal of the lease agreement on a monthly basis. Thus, landlords have the right to receive rent payments from them on a monthly basis and may sue them for illegally holding over their apartment without entering into a new lease agreement.
Tenants who refuse to pay rent on a timely basis or fail to return possession of their rental units are guilty of violating Arizona’s landlord and tenant law. Landlords have a right to demand possession and sue for rent after their tenants are delinquent in their rent payments for at least five days. To evict tenants, landlords must file an unlawful detainer action in court and demand possession. The Arizona courts will schedule a hearing within five to 30 days of filing, and the state provides landlords with lien rights if tenants do not pay their rent. Lien rights allow landlords to seize property after obtaining a judgment and selling personal property left in their apartments.
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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