This is the next post in my series on the process which Phoenix, Arizona landlords face when evicting a tenant. My last article addressed the common question of “how long does an eviction take?” As I discussed, most evictions in our state are completed in less than a month. An experienced attorney can provide you with a realistic timeframe for your particular situation. In this article I will be discussing the process of evicting a tenant who has no lease or whose lease has expired. If you are in need of assistance then contact my office today to speak with a lawyer.
While not advisable, it is somewhat common for landlords to rent a property to a tenant without a written lease. There are also many situations in which a lease expires and the tenant remains in the property and continues to pay rent. I will discuss each of these situations in turn.
Evicting an Arizona tenant who never had a written lease
Landlords often make verbal agreements to rent a home to a tenant. In these situations, the landlord may require that the tenant vacate the property at the end of the month if they have paid rent for that month. If the tenant does not vacate the property voluntarily, at the end of the rental period, then the landlord will need to serve a ten day Notice informing the tenant that they must vacate the property. If the tenant does not vacate the property, then the landlord may file an eviction action with the Court. The matter will proceed as discussed in my last article.
If a landlord wishes for a tenant to vacate the property then it is important that they inform them, in writing, of the request. It is also important to not accept additional rent. This can prevent the tenant from raising a claim that they should be allowed to stay in the property. As an example, suppose a landlord verbally tells the tenant that they must vacate the property on the first day of the following month. On the first, the tenant does not leave and provides the landlord with a check for one month’s rent. The landlord cashes the check. The tenant will have proof (the cashed check) of an agreement and the Court would be unlikely to grant an eviction that month. Documenting all requests, and following through on them, is crucial.
Evicting a tenant whose lease has expired
In Arizona, an expired lease will automatically turn into a month-to-month tenancy unless the lease contained provisions stating otherwise. Moreover, most leases contain language stating the amount of notice a tenant must be given that their month-to-month tenancy is terminated. If a landlord follows the terms of the lease regarding ending a month-to-month tenancy, and the tenant does not leave, then the landlord may file a ten-day Notice to vacate. If the tenant does not vacate the property then the landlord may commence eviction proceedings.
Consider the following example, Joe Tenant has a one-year lease which states that it becomes a month-to-month tenancy unless the landlord provides them notice that they must vacate at the end of the lease. The lease also states that the landlord must provide at least thirty days notice that they are not extending the tenancy. On January 1st, the landlord informs the tenant that their month-to-month lease will not be extended into February. On February 1st, the tenant did not vacate the premises. The landlord may serve them with a ten-day Notice and may begin the legal process after the ten days expire.
If you are a landlord and need assistance then contact my office today to speak with a Phoenix eviction lawyer. My firm understands the necessity of you regaining your property and we will give your matter the attention it deserves. I pride myself on providing a high level of service and I look forward to speaking with you. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.