questions & answers

Question: I received a an eviction notice last week giving me days to vacate. I had my boyfriend and dog move in and tried to have him added to the lease. He was denied. They also claim noise, but is is a second level apartment was laminate wood floors. They told me to put rugs down and walk on the balls of my feet. My boyfriend and his dog left. Im packing and they are saying I owe $5,400 at time of moving out. Im current on rent. they asked me to leave. Lease expires 01/30/2016. How can they charge me when Im current and they asked me to leave?

Answer: A tenant’s failure to comply with the rental agreement can result in the landlord terminating the lease early.  In this event, the landlord may require the tenant to pay damages.  

The Landlord Tenant Act Section 33-1368 defines some reasons for lease termination and fines.

§ 33-1368. Noncompliance with rental agreement  by tenant; failure to pay rent; utility discontinuation; liability for guests; definition  
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification shall   include the following untrue or misleading information  about the:  1. Number of occupants in the dwelling unit, pets,  income of prospective tenant, social security number  and current employment listed on the application or lease agreement.  2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section.  If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days.  However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the ten ant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both  material and irreparable and that occurs on the  premises, including but not limited to an illegal  discharge of a weapon, homicide as defined in  sections 13-1102 through 13-1105, prostitution as  defined in section 13-3211, criminal street gang activity  as prescribed in section 13-105, activity as prohibited  in section 13-2308, the unlawful manufacturing, selling,  transferring, possessing, using or storing of a  controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13- 1202, assault as prohibited in section 13-1203, act s  that have been found to constitute a nuisance pursuant  to section 12-991 or a breach of the lease agreement  that otherwise jeopardizes the health, safety and  welfare of the landlord, the landlord's agent or another  tenant or involving imminent or actual serious property  damage, the landlord may deliver a written notice f or  immediate termination of the rental agreement and  shall proceed under section 33-1377.

For information on reasons for lease termination and collection of damages, visit: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf

For the full text of the Landlord Tenant Act, visit: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf