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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24857
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a tenant who is 1-2 weeks late with rent every single

Customer Question

I have a tenant who is 1-2 weeks late with rent every single month. I have not received rent last months rent and this month is already 2 weeks late. I believe they have no employment. The Lease doesnt expire for another 7 month. Can I terminate the lease earlier?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: AZ
JA: Has any paperwork been filed?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have the right to recheck their employment if I suspect that they are not working?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 4 months ago.

In a situation like this, you would first need to provide the tenant with a 5 day notice to cure and pay rent. If they fail to pay within that time, you can then proceed with the eviction. Notice must be first given and I have provided a link below, for you to use, as a reference. You can not just terminate the lease until a court orders the eviction and you need to start with first giving the notice and then if they fail to pay within the 5 days, you can proceed and evict them as needed.

http://docs.graham.az.gov/ACC/Departments/Judicial/JP2/JP2Forms/FiveDayNoticeForNonPaymentOfRent.pdf

Expert:  RealEstateAnswer replied 4 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 4 months ago.
I have to go to work, can we continue later?
Expert:  RealEstateAnswer replied 4 months ago.

Yes, you can certainly comeback later and ask any follow up questions which you may have.

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