Legal Question in Real Estate Law in Arizona

My property manager has sent me a letter on Apr 7 stating that I must have 50% of my floor space clear or I will have to surrender the property by Apr 30 or sooner because the homeowners insurance will be dropped. I have a previous letter from her stating that I had until the end of my lease, which is Jun 30. I am disabled and physically can't do what she is asking. I was prepared to move by the end of my lease, which gives me time to find a new place to live and arrange for moving help. Can she lock me out or make me move by the end of this month?


Asked on 4/16/10, 6:11 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

I do not have your lease to determine what provision your landlady may be using to terminate your lease. Also, I do not know what you are referring to about when you say 50% of the floor space must be clear. It is curious that a landlord would try to evict a tenant, two months before the lease is ended.

In general, a landlord cannot lock you out, she must go to court and get a court order terminating the lease and ordering your eviction, and to do that, you must be given proper legal notice and an opportunity to defend yourself in court. The landlord has to have legal grounds for termination of the lease agreement. If the landlord can prove her case, then the lease could be terminated and you would be given a short time to surrender the premises.

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Answered on 4/21/10, 9:15 pm


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