Eviction

questions & answers

Question: I have a tenant with a one year lease, the lease will expired in another 4 months, but the tenant has neglected to report damages cause by water leaks on the roof, and most of my ceilings are falling down, I have extensive damages due to the tenant not notifying of the water leaks, I will very much like to give her 30 days notice to leave the premises, it's going to cost me lots of money to make the repairs and since the leaks are being going on for so long my homeowners insurance wont paid for them, can I send a Unconditional Quit form to the tenant? Thanks.

Answer: According to Arizona revised statute 33-1368.A, if there is “material noncompliance by the tenant with the rental agreement,” you may provide the tenant with a written notice to specify the acts/omissions with constitute a breach of the rental agreement. This will terminate the rental agreement in 10 days if not remedied.

 

However, this section of 33-1368 may be more related to your situation: 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 tenant 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; 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 for immediate termination of the rental agreement and shall proceed under section 33-1377.

 

I would suggest you speak with an attorney who specializes in Landlord tenant law. They will be able to guide you through this situation. Good Luck!