questions & answers

Question: My landlord was supposed to only go into the basement threw the basement door the one day with the plumber. She ended up walking all threw my home and told me about my child's room and drawers were went threw. But she claims my 8 lb yorkie dog and pooped on the floor and this was only 3 days after I moved in . She now gave me a eviction letter because of one piece of dog poop that I did not see and was not there when I got home from work. I always keep dog in cage while I'm not home . Can she evict me over this. She says in lease I can have the. Dog

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33-1368), a landlord may seek the eviction of a tenant only for “material noncompliance by the tenant with the rental agreement (A.R.S. 33-1368). In addition, before the landlord goes to court he must provide the tenant not only with written notice identifying the noncompliance but also an opportunity to fix that noncompliance within the period of time (usually 5 days) specified in the notice (A.R.S. 33-1368). If the alleged breach of the rental agreement by the tenant is minor and/or the tenant immediately fixes a fixable problem, then the tenant should not be evicted. If you would like to speak with an attorney about your situation, there are links to free and low-cost legal services on this website.