Arizona Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease
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How to fill out Complaint Or Petition To Enforce Statutory Lien On Tenant's Personal Property With Regard To A Commercial Lease?
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FAQ
Since the tenant's agreement is tied to the property, they have the right to stay there after the property is sold. If no arrangements are made for the lease to terminate legally, the new landlord must honor the lease until it expires. If the new landlord wants the tenant out, they can form a "cash for keys" agreement.
Both federal and Arizona law prohibits landlords from refusing to rent to an individual because of his or her race, color, religion, gender, familial status, disability, or national origin.? If you have been denied a rental and you believe it may be for one or more of these reasons, you may have legal recourse.
The first step in the eviction process is for a Landlord to send either a five or a ten day notice alerting the tenant of the breach and giving the tenant time to cure the default. The Landlord should refer to A.R.S. § 33-1368 to determine the right amount of time to give the tenant depending on the type of breach.
It takes about 5 to 30 days from the Notice to Vacate/Quit issuance, depending on the reason for eviction and the lease agreement.
Tenant Right to Quiet Enjoyment Arizona landlords are required to provide a tenant with quiet enjoyment of the leased premises. This means that the tenant cannot be disturbed or prevented in any way from the full use of the leased property.
A violation of the lease or rental agreement is called a ?breach?. When a tenant breaks the rental agreement in an especially serious way ? for example, by engaging in criminal activity on the property ? the landlord can go to court and file an eviction Complaint against the tenant immediately.
Breaking a lease in Arizona through an early lease termination clause is considered the safest option for both parties. Some lease agreements for a rental property include specific terms and conditions regarding breaking a lease agreement before it ends.
The governing statutory law is A.R.S. § 33-361(D), which states that, once a tenant's rent is past due, a landlord may: ?have a lien on 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.