Eviction

questions & answers

Question: If my landlord accuses me of smoking marijuana based on what neighbors have said, does he have to prove that I've been doing illegal drugs before evicting me, or can he simply evict me based on what the neighbors told him?

Answer: During the course of your lease/rental agreement a landlord can only evict you for good cause. The legislature has defined certain criminal activity as good cause. This includes the use or possession of illegal drugs (including marijuana) "that occurs on the premsises". ARS 33-1368 A 2. If the landlord went to court they would have to prove that you were in violation. What your neigbors told the landlord would be "hearsay" and generally not admissible in court. However, if the neighbor were to appear in court and testify and if the judge believed them you would be subject to eviction.