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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37389
Experience:  Attorney over 16 years, landlord 26 years
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We have a tendant that has a lease for one person no dog. We

Customer Question

We have a tendant that has a lease for one person no dog. We found out they have two pit bulls and a woman and two children are also leaving there. Can we evict
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Arizona Sedona
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Had to do with persons in home and animals
JA: Anything else you want the lawyer to know before I connect you?
Customer: rent has also been coming 15 + days late
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Have you given them any type of written notice of lease violation?

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Are they currently behind on rent?

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thanks

Barrister

Customer: replied 8 months ago.
NO we haven't
Customer: replied 8 months ago.
We sent a email to pick up dec. on Thursday
Customer: replied 8 months ago.
That was dec rent
Customer: replied 8 months ago.
No we haven't is no written notice yet about breaking lease
Expert:  barristerinky replied 8 months ago.

Ok, then since this is a blatant lease violation that potentially puts other tenants at risk, you can terminate the tenancy with a 10 day notice notifying them that they have to vacate within 10 days due to the violation or you will evict them through the courts.

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This is under Arizona Statutes 33-1368.

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And email doesn't count legally for a proper legal notice. It has to be an actual paper written notice either personally delivered to them or posted on the front door of the property.

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thanks

Barrister

Customer: replied 8 months ago.
Is there a legal form I need to use
Customer: replied 8 months ago.
If we get the rent on Thursday and when we give this notice can we give them to the end of the month to find another place. If no rent can we give them 10 days
Expert:  barristerinky replied 8 months ago.

You can give them the notice whenever you want. But I would agree that it would be wise to wait until they pay rent, and then give them the notice because you can be 100% assured that if you give the notice before rent is paid, they won't pay the rent.

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But yes, you can give them more than a 10 day if you want, the law just requires at least a 10 day.

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Here is a link to a PDF for a 10 day notice you can use as a template: AZ 10 Day

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thanks

Barrister

Customer: replied 8 months ago.
Thank you
Expert:  barristerinky replied 8 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in thefuture, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Have a great evening!

Barrister

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