Landlord and Tenant Rights and Responsibilities

questions & answers

Question: So my landlord is evicting me due to my tone of voice is that legal or not she said she felt she was threatened for raising my voice

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord may go to court to seek a tenant’s eviction if the tenant either “materially” or “materially and irreparably” breaches the rental agreement (A.R.S. 33-1368(A)). If the tenant “materially” (significantly) breaches the rental agreement, the landlord may serve the tenant with a 10-day notice specifying the nature of the breach and informing the tenant that if the breach is not cured (stopped/fixed/etc.) within the 10 days then the landlord will seek the tenant’s eviction in court. If the tenant materially breaches the rental agreement again after already receiving a 10-day notice, then the landlord may serve the tenant with an immediate notice informing the tenant that the landlord will be seeking the tenant’s eviction in court right away. Only if the tenant “materially and irreparably” breaches the rental agreement, for example by committing a criminal act on the property, may the landlord serve the tenant with an immediate notice informing the tenant that the landlord will be seeking the tenant’s eviction in court right away. A material and irreparable breach must be a very serious one that the tenant cannot “cure.” If you believe that your landlord is seeking your eviction without a proper legal basis, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).