Legal Question in Landlord & Tenant Law in Arizona

breach of contract

Have tenant that her lease has just expired. Now month to month. Got serveral complaints by condo association and nieghbors concerning saying that their are 3 people in1 bedroom condo, police arrests people inside twice this week,burned cigarette holes in carpet on outside landings were tenant sits which is shared by other residents, constant traffic 24 hrs24hrs. Can I give to 10 day notice to vacate and how?


Asked on 11/12/07, 11:49 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: breach of contract

You cannot give a 10 day notice. because there is no such notice in California law.

You can give a 3 day notice if any provisions of lease have been violated,e.g. lease says no more than two tenants in the condo.

Also, you can give a 3 day notice for substantially damaging the rental property ("waste"), substantially interfered with other tenants ("nuisance"), or is using the property for unlawful purposes.

You start counting the days at midnight of the day the notice is served. If tenant is not out by day 4,you must file an unlawful detainer (eviction) and handle it through the courts,

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Answered on 11/13/07, 12:05 am


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