questions & answers

Question: We gave a roommate 30-day verbal notice that his month-to-month lease was up. If he doesn't leave could his drinking binges (including driving on a suspended license, with no insurance), and belligerent, vaguely threatening but scary behavior be enough to get an immediate eviction started? He will go into the kitchen falling down drunk when everyone else is asleep, and I'm afraid he could start a fire, by accident or on purpose. Or would we have to give him written notice and start from square one? Thanks!

Answer:

You need to provide the eviction in writing. What you have described probably does not rise to the level of immediate eviction. The drinking (and stated traffic related issues) are not reasons for eviction and the threats need to be specific…not vague. This is not to say you cannot attempt an immediate eviction, just that it is unlikely to be successful. Filing the immediate eviction waves the typical time frames for evictions (for example; 5 and 10 days to remedy the problem). Once you file the eviction paperwork, Arizona law requires the hearing to be no later than the 3^rd day after the filing. However, the court will typically schedule case for the next date when the court conducts eviction cases.

My suggestion would be to contact an attorney who specializes in Landlord Tenant law in Arizona. They will be able to evaluate your situation and give you guidance on how to proceed.

http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx

https://www.azcourts.gov/Self-Help/Civil-Law/Evictions-Small-Claims

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01476.htm&Title=33&DocType=ARS (specifically ARS 33-1476.D3)

http://www.azleg.state.az.us/ars/33/01485.htm