Lincoln, NE asked in Landlord - Tenant for Arizona

Q: My mother has a tenant who is not on the lease in Sun City, AZ which moved in with a man who was on the lease.

The man has since moved out but she remains. She is under the age limit for this area and hasn't paid rent for 2 months. She has been asked to move out by overnight letter or pay past dues and leave at the end of the month. She has done nothing about any of this and continues to ignore any action required. Is there a five-day eviction notice for someone not on a lease? Can she be evicted on ARS 33-1378? Any advice will be appreciated.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Landlord Tenant Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You might be able to evict her per ARS 33-1378. However, if she has been living in the home and paying rent she is probably a month to month tenant and the better procedure would be to evict her for non-payment of rent using a standard 5 day notice.

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