Can a Tenant Be Evicted While in Jail?
In Arizona, a tenant without a written lease is typically considered a tenant-at-will and must be given 10 days' written notice to terminate the tenancy. In cases where the rent is overdue or there has been a breach of the lease, only 5 days' written notice is required. If there is a lease, the terms of the lease will govern termination for nonpayment of rent.
The following are Arizona statutes:
33-341. Termination of tenancies
A. A tenancy from year to year terminates at the end of each year unless
written permission is given to remain for a longer period. The permission
shall specify the time the tenant may remain, and upon termination of such
time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving
at least ten days notice thereof. In case of nonpayment of rent notice is
C. A tenant from month to month shall give ten days notice, and a tenant
on a semimonthly basis shall give five days notice, of his intention to
terminate possession of the premises. Failure to give the notice renders
the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written
agreement, and the time expires, the tenant shall surrender possession.
Notice to quit or demand of possession is not then necessary.
E. A tenant who holds possession of property against the will of the
landlord, except as provided in this section, shall not be considered a
tenant at sufferance or at will.
33-361. Violation of lease by tenant; right of landlord to reenter; summary
action for recovery of premises; appeal; lien for unpaid rent; enforcement
A. When a tenant neglects or refuses to pay rent when due and in arrears
for five days, or when a tenant violates any provision of the lease, the
landlord or person to whom the rent is due, or the agent of the landlord or
person to whom the rent is due, may reenter and take possession, or,
without formal demand or reentry, commence an action for recovery of
possession of the premises.
B. The action shall be commenced, conducted and governed as provided for
actions for forcible entry or detainer and shall be tried not less than
five nor more than thirty days after its commencement. In addition to
determining the right to actual possession, the court may assess damages,
attorney fees and costs pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant, in order to
perfect an appeal, shall file a bond with the court in an amount fixed and
approved by the court and payable to the clerk of the superior court,
conditioned that the appellant will prosecute the appeal to effect and will
pay the rental value of the premises pending the appeal and all damages,
attorney fees, costs and rent adjudged against the appellant.
D. If the tenant refuses or fails to pay rent owing and due, the
landlord shall have a lien upon and may seize as much personal property
of the tenant located on the premises and not exempted by law as is
necessary to secure payment of the rent. If the rent is not paid and
satisfied within sixty days after seizure as provided for in this
section, the landlord may sell the seized personal property in the manner
provided by section 33-1023.
E. When premises are sublet or the lease is assigned, the landlord shall
have a like lien against the sublessee or assignee as the landlord has
against the tenant and may enforce it in the same manner.