questions & answers

Question: I received an immediate eviction for breach of lease agreement that ... involving imminent or actual serious property damage for building unauthorized structures. I had purchased a shed, put a small fence up to be able to easily access the kids bike/dirtbike. I offered to undo it all but received the immediate eviction notice that will be filed in the morning. Do I have the right to try to fix the problem? I have never received any notice and it's not actually stated in my lease that I cant add these improvements.And what is immediate? If I am evicted can I come that day to retrieve my belongi

Answer: Ordinarily, a tenant must be provided with written notice and an opportunity to cure an alleged breach of the rental agreement before the landlord may go to court to seek the tenant’s eviction. The only exception is when the alleged breach is both “material and irreparable” (A.R.S. 33-1368(A)/A.R.S. 33-1476(D), which usually refers to a criminal act or other conduct that places the landlord or other tenants at serious risk. As soon as a tenant has received a notice for “material and irreparable” breach of the rental agreement, the landlord may go to court to file an eviction complaint against the tenant. The tenant will have at least a few days before the eviction hearing takes place and a post-judgment writ of restitution (returning legal possession of the dwelling to the landlord) is issued.