Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

When can I legally evict a tenant?

Customer Question
When can I legally evict a tenant?
Submitted: 6 months ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
12/18/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,312
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

Is there a lease? What is the basis for which the tenant is to be removed?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
I already did a rather lengthy one in fact you guys are wearing this old lady out
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

It appears there are two other open questions and experts have responded so I will opt out and you can return to those pages for the answer.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,872
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

I am the same person in working in your other question:

A tenant can be legally evicted in Arizona under the following circumstances:

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

"In Arizona, a landlord can evict a tenant for a number of reasons, including not paying rent, violating the lease or rental unit, or committing a crime. The landlord must follow specific rules and procedures when evicting the tenant, and the first step in the eviction (also called a special detainer action) is terminating the lease or rental agreement. Before terminating the lease or rental agreement, the landlord typically must give the tenant notice. The type of notice required will depend on the reason for the eviction." https://www.nolo.com/legal-encyclopedia/the-eviction-process-arizona-rules-landlords-property-managers.html

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Here are the reasons for eviction with more specifics:

"Violation of Lease or Rental Agreement

Violations of the lease or rental agreement include lying on the rental application, having unauthorized pets or guests, providing an incorrect Social Security number or incorrect employment information. The landlord must give the tenant a written notice that specifies the violation and gives the tenant ten days to fix the violation or the lease will be terminated and eviction proceedings will begin (see ARS § 33-1368(A)).

Failure to Maintain Rental Premises

A tenant can also be evicted for failing to maintain the premises of the rental unit in a manner that affects the health and safety of the tenant or others living on the premises. Some examples include not disposing of garbage, willfully destroying parts of the property, or violating applicable building codes (see ARS § 33-1341). If a tenant is being evicted for failing to maintain the rental unit premises, then the landlord must give the tenant a written five-day notice that specifies that the tenant has five days to either fix the problem, if possible, or the rental agreement will be terminated and eviction proceedings will begin (see ARS §33-1368(A)).

Nonpayment of Rent

If the tenant is being evicted for not paying rent, the landlord must give the tenant a written five-day notice. The five-day notice must specify that the tenant has five days to either pay the rent or eviction proceedings will begin (see ARS § 33-1368(B))." https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-arizona.html

The tenant engages in a Criminal Act.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Let me also provide a link for Attorneys that provide FREE consultations in Tucson.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Do you have any additional questions for me? Was there a problem with my answer?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,872
8,872 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
What is the legal meaning of sublease? I would like to know
What is the legal meaning of sublease? I would like to know how much time does a Commercial Property Landlord have to give you to get out when he is terminating your lease and kicking you out? … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I need help with a land lease situation. I have a signed
I have a signed lease as of last July stating the leasee is to pay $400 a month. he hasn't paid since September. I sent him notice in February to vacate the property in 60 days but all his stuff is still there. He live down the road and has avoided me since he stopped paying. What are my options to get my property back? … read more
Attyadvisor
Attyadvisor
Attorney
8,872 satisfied customers
I have 4 more months left on my lease, and was served an
I have 4 more months left on my lease, and was served an eviction notice for 1/31/18. No reason given. rent paid on time, rules of complex observed. Bed bug problem started after I moved in. Managemen… read more
Attyadvisor
Attyadvisor
Attorney
8,872 satisfied customers
If a tenant signs a year lease, outside of NY City, does the
If a tenant signs a year lease, outside of NY City, does the landlord have the right to break the lease and evict the tenant because she is unsatisfied with his tenancy even though he meets all the te… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
32,312 satisfied customers
This is in San Francisco. I have a tenant that is on the lease
This is in San Francisco. I have a tenant that is on the lease agreement but the tenant sub-leased it to another person that is not on the lease agreement. The tenant on the lease agreement is leaving… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
Thinking of buying a 2 family in Mass. Renter is tenant at
thinking of buying a 2 family in Mass. Renter is tenant at will...how do you legally evict? BTW it's bank owned… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
Tenant changed lock and refusing landlord legal access as per
Tenant changed lock and refusing landlord legal access as per section 1954 California code. What is the best way to get in the property without going with eviction process which could take long time? … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I live in the district of columbia and we have a friend whose
I live in the district of columbia and we have a friend whose been living with us for the last two years. They have done nothing wrong we are just ready for them to move because we want our house back… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
If eviction proceedings have been started for non payment of
If eviction proceedings have been started for non payment of rent in Florida and the tenant vacates before it gets to court is it considered an eviction and shows up on your credit report as such? Als… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
hello, My tenant invited someone into a condo he is renting
hello, My tenant invited someone into a condo he is renting from me in Jacksonville, fl....well, she won't leave. My tenant wants her to leave, I want her to leave and the community wants her to go. I… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
32,312 satisfied customers
I am renting a room in my home. The agreement was for him
I am renting a room in my home. The agreement was for him to pay $100.00 deposit and $325.00 per month. He only paid $45.00 deposit and when I asked him for this months rent he got angry and said he w… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I HAVE A TENANT IN MY BROOKLYN NEW YORK HOUSE WHO DID NOT
I HAVE A TENANT IN MY BROOKLYN NEW YORK HOUSE WHO DID NOT PAY RENT THREE MONTHS NOW. HOW LONG IT WILL TAKE TO GET HIM OUT.… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I live in Brooklyn NY . I want to evict a tenant for non-payment
I live in Brooklyn NY . I want to evict a tenant for non-payment of rent. They missed this month's rent. When is the right time to file an eviction? They have a lease. Does a non-payment of rent case … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
The lease is up. They have never been on time w/ rent and
The lease is up. They have never been on time w/ rent and have paid partial payments w/ excuse after excuse. They owe us about $1,000.00 in back rent. They are impossible to get in touch with and have… read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
May 12, 2009 we closed escrow and now own a home in Sparks
May 12, 2009 we closed escrow and now own a home in Sparks Nevada. The purchase was a short sale. There was a tenant in the home and the tenant is still there not paying rent. We have sent notice of n… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am evicting tenant(s) from one of my properties. The lease
I am evicting tenant(s) from one of my properties. The lease is under 1 individual but there are several adults residing in the home. I know that the eviction summons and complaint will only evict the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
i want to evict my tenant who is my brother from my upstairs
i want to evict my tenant who is my brother from my upstairs attic which has been converted into a apartment. he has not paid me in a year and has damaged the apartment. all we have is a verbal agreem… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
A tentant is 10 days behind in rent payment. This is a fairly
A tentant is 10 days behind in rent payment. This is a fairly regular situation. Has been paying late fees, but feel it is time to evict. Wish to do it legally. Please advise.… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x