by Norm Keyt, Arizona landlord tenant attorney

The following letter is an example of an immediate termination notice letter that an Arizona residential landlord should send to a tenant who is engaging in criminal activity on the landlord’s property or engaging in conduct that endangers the health, safety or welfare of other tenants or neighbors.  This notice is required to start the accelerated eviction process.  The letter should be modified as necessary in light of the sender’s particular facts and circumstances.  KEYTLaw recommends that you always consult with a knowledgeable Arizona eviction attorney before sending an immediate termination notice to a residential tenant.

<date>

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

or

HAND DELIVERED

<name(s) of tenant(s)>
<address of tenant(s)>

Re: The Lease  by <landlord’s name> to <name of tenant(s) for the Premises Located at <address of leased premises>

Dear <name of tenant(s)> :

It has come to the landlord’s attention that you have engaged in conduct that constitutes an immediate and irreparable breach of your lease.  Specifically, you have been charged with, and upon information and belief, have committed the crimes of <list the crimes>, and/or related charges, while on the leased premises.

Because of such conduct, you are advised that you have irreparably breached material provisions of your lease agreement and pursuant to Arizona Revised Statutes Section 33-1368(A), your lease is terminated effective immediately. Landlord demands that you vacate the premises immediately, but not later than 24 hours from the date of this notice.  Should you fail to vacate the premises within twenty-four hours, a Special Detainer lawsuit in Arizona justice court will be filed against you for recovery of possession of the premises and damages.

Moreover, if you remain in the premises beyond the date and time set out above, your occupancy of the premises will be willful and not in good faith and pursuant to Arizona Revised Statutes Section 33-1362(C) and 33-1375(C), you will be liable for two times your monthly rental rate or twice the actual damages, whichever is greater.  If it is necessary to file a lawsuit and go to court, you will also be liable for court costs and attorney fees.

If you do not vacate the premises and if landlord files a special detainer lawsuit and obtains a writ of restitution, the landlord will be authorized by law to take possession of all of your personal property found in the premises, pursuant to Arizona Revised Statutes Section 33-1368(E), and store it, at your expense, for a period of twenty-one days.  If you do not recover your property within that time period, the landlord may sell or dispose of the property and apply the proceeds to amount you owe.

<add signature of landlord or authorized agent>

Hire Norm Keyt to Evict Your Tenant

If you value your time or want to make sure that your eviction is handled properly, you should hire an Arizona leasing attorney to do your forcible detainer and eviction.  If you would like Arizona attorney Norm Keyt to handle the eviction process for you, if there are special circumstances with respect to your tenant or situation, or if you need to evict a commercial property tenant, please call Norm at 602-265-0273 or send him an email at nck@keytlaw.com.