questions & answers

Question: My renter has been doing all sorts of antagonistic things towards me for about two months now - like waking me purposely very early in the morning (as early as 5 am). I've asked her to stop and she won't. Can I legally do anything about this - she is moving out but not soon enough. It is affecting my health because of sleep deprivation and stress (I have chronic fatigue).

Answer: Under the Arizona Residential Landlord and Tenant Act, tenants have an obligation to ensure that their behavior does not disturb their neighbors’ “peaceful enjoyment of the premises” (A.R.S. 33-1341). So a person in your situation might wish to provide the tenant with a formal written letter (1) requesting that the tenant conduct herself in a manner befitting a tenant within a shared premises and (2) informing her that if she does not, she will be in breach of the lease (assuming that a rental agreement exists). It may also be worth noting that a breach of a rental agreement that “jeopardizes the health, safety and welfare of the landlord” (A.R.S. 33-1368) is considered especially serious. If, after being informed by the landlord of a breach of the lease, the tenant still refuses to comply, then the landlord has the option of beginning the eviction (or “special detainer”) process.