Results 1 to 6 of 6
  1. #1

    Default Can Your Landlord Evict You Over a Disagreement

    My question involves landlord-tenant law in the State of: AZ I have lived in this rental home for 8 years. Landlord and I have always gotten along. He is very cautious about repair/maintenance costs, and I do and have done much of this myself. Recently, he had 3 rental houses have the AC go out at the same time in 117 degree temps. He has one man to do all his repairs. This man had to do all these installations himself. He offered me a hotel...but I have pets and could not leave them and I work from home on a secure system, and cannot work from anywhere else. So, me, my 3 yr old child and my pets stayed here; he supplied a portable unit for one room..rest of house temp was between 96 and 99 degrees. Temp with the portable in the one closed off room was 89 to 91 degrees. It ran to 6 days without AC for my rental home. It was a horrible experience. After the AC unit was installed, he emailed me to tell me to run a test on the unit because the other 2 he bought from some guy were having issues. I answered that I would not want to go through this again, and if they were faulty, was that one man going to replace all of them again. Well, he messaged me back asking when my lease was up. I asked him why....he said it was time for us to part ways. I have never been late with the rent. He was here just recently and knows how well I care for this house and have for over 8 years. We are on a month to month lease...and have been since 2017...and before that as well except for the very first year. He said he will allow me until Sept. 30th to vacate. I am in no position to vacate financially. I just adopted this child (great granddaughter) after a lengthy legal battle to get her out of the foster "system" which had her in deplorable conditions. It was costly to do this. My question: Should I just wait and allow him to evict me legally? He emailed me a "Non Renewal Notice" in an attachment. I have no idea what my rights are with this. If I have done nothing wrong, as a tenant, do I need to leave? Do I have any rights? Or is the notice for vacating by Sept. 30th all he needs to do? I would appreciate any information or advice. Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,869

    Default Re: Is an Eviction Legal Because of a Disagreement Between Landlord and Tenant

    If I have done nothing wrong, as a tenant, do I need to leave? Do I have any rights? Or is the notice for vacating by Sept. 30th all he needs to do?
    First thing you have to understand is that a termination of tenancy and an eviction are two different things. And, yes, your month to month tenancy can be terminated for any reason or no reason.

    The AZ landlord-tenant statute provides:

    33-1375. Periodic tenancy; hold-over remedies
    A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.
    B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
    C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.
    Paragraph B applies to your month to month agreement and the LL has certainly complied by giving you almost 7 weeks written notice.

    Paragraph C is the eviction that can occur if you remain in the place past September 30. You should avoid eviction at all costs because eviction goes on to your credit reports, trashes your credit score, and makes it more difficult to find another rental if future landlords check your credit.

    As for the AC issue, my own AC went out several years ago in August when it was 120 degrees outside. I was 4 days without it until my AC guy could get a replacement ordered, delivered and installed. I don't see 6 days as being so egregious that you would win anything in court, since the landlord had good reason for the delay and provided you with a portable unit.

    That he is terminating your tenancy over this is rather stupid but it is his right and he's likely to pay for his mistake when his next tenants turn out to be low lifes.

    Unfortunately, nothing you can do about his decision. If you can't get him to change his mind you'll have to move.

  3. #3

    Default Re: Is an Eviction Legal Because of a Disagreement Between Landlord and Tenant

    I believe he sees that rentals on similar houses now are renting for much more than I am paying, so decided it was time for me to leave. I doubt there is anything I can do to change his mind. Just wanted to be sure if I had any recourse. Obviously, I don't. Thank you so much for your time and help. It is really appreciated.

  4. #4
    Join Date
    Dec 2012
    Posts
    1,007

    Default Re: Is an Eviction Legal Because of a Disagreement Between Landlord and Tenant

    "Should I just wait and allow him to evict me legally?"


    You do not want it to reach this stage. An eviction will remain on your credit history for an extensive period of time.

    Gail

  5. #5
    Join Date
    Oct 2006
    Posts
    15,274

    Default Re: Is an Eviction Legal Because of a Disagreement Between Landlord and Tenant

    Quote Quoting hopej50
    View Post
    I believe he sees that rentals on similar houses now are renting for much more than I am paying, so decided it was time for me to leave. I doubt there is anything I can do to change his mind. Just wanted to be sure if I had any recourse. Obviously, I don't. Thank you so much for your time and help. It is really appreciated.
    I doubt that is what is going on. All he would have to do is give you proper notice of a rent increase if he believes he can get a lot more for the home. I think it's more likely that he is overwhelmed by the potential cost of the AC repairs/replacement and would rather have the home empty until he can figure out how to pay for it. After all, he has three homes with the same problem.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,869

    Default Re: Is an Eviction Legal Because of a Disagreement Between Landlord and Tenant

    Quote Quoting hopej50
    View Post
    I believe he sees that rentals on similar houses now are renting for much more than I am paying, so decided it was time for me to leave. I doubt there is anything I can do to change his mind.
    Good enough reason.

    Try offering more money.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Can Your Landlord Evict You at the End of a Three-Day Notice
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-02-2017, 01:11 PM
  2. Eviction Process: How Quickly Can a Landlord Evict You
    By propainter in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-01-2012, 11:42 AM
  3. Eviction Process: Landlord is Trying to Evict Me
    By hemicuda75 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-16-2011, 12:11 PM
  4. Eviction Process: Landlord Trying to Evict Me
    By Siyrah in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-24-2009, 05:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources