questions & answers

Question: My 19 yr old son sought rental assistance by allowing roommates into the apartment and are now trashing the apartment. I had to leave to Chicago due to family medical reasons and taking care of my elderly parents. The roommates have not paid rent for the past two months and are running up a bill that I can no longer afford. My son is in a job training program hoping to finish with experience to support himself. I am concerned that the roommates are trashing the apartment and take my belongings. how do I evict them? they are not on the lease, refuse to be on the lease and are 19& 22 yrsol

Answer:

ARS. 33-1368B provides "[a] tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.

 Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord." 

 Under ARS 33-1310, a "rental agreement" is defined as " all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises." The landlord has to give notice of opportunity to have the tenant(s) to pay if wishing to abolish the rental agreement.  If the tenant(s) does not pay, then legal action can occur and proceed to a justice court. The landlord will be given a packet, and will need proof of ownership of the property, and must pay a filing fee. After filing, the court will set a trial date, and the landlord will need to serve the whole packet to the tenant. At the trial, the landlord will need to be prepared to put on evidence to show that rent has not been paid.  The Judge will then rule on the issue.