This Material Breach of Contract is a notice to tenant that he/she is in violation of the Rental Agreement and/or the Arizona Residential Landlord and Tenant Act. The specific acts constituting the violation are outlined by the Landlord. This form complies with all state statutory guidelines. It is available for download in both both Word and Rich Text formats.
Phoenix Arizona Notice of Material Breach of Lease Agreement
State:
Arizona
City:
Phoenix
Control #:
AZ-LT-26
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Notice Of Material Breach Of Lease Agreement?
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FAQ
§ 33-1314(D). To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due. A.R.S. § 33-1375(B).
Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests.
If your landlord breaches the terms of the lease you can take legal action against them to court. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.
G. If the tenant notifies the landlord in writing on or before the date the landlord sells or otherwise disposes of the personal property that the tenant intends to remove the personal property from the dwelling unit or the place of safekeeping, the tenant has five days to reclaim the personal property.
It is commonly accepted that you have up to four or even six years to pursue the cost of damages so long as you have proof of the damages and records of the repair costs.
Breach of a material term means the failure of a party to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent.
An especially serious violation of a rental agreement ? one that a tenant cannot fix ? is called a ?Material and Irreparable Breach?. If a tenant receives a Notice for Material & Irreparable Breach, it means the landlord plans to ask the court for permission to kick the tenant out of their home right away.
The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.
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.