Arizona Month To Month Rental Agreement: Fill & Download for Free

I’m a owner/landlord living in Arizona. In this state the so called tenants would be called ‘squatters’ and would be guilty of trespassing - at the very least.After nearly 30 years, I thought I had seen it all - wrong.A few months back, I had rented one of my units to a man and his girlfriend. Eventually I had to evict them for non-payment of rents. Unknown to me at the time, they had allowed another girl from California to move in. In California, it literally takes an act of God to evict anyone - especially a squatter. The original tenants left without any problems. But their friend refused. She was not on the rental agreement, so legally, she had no leg to stand on according to Arizona laws. Yet, she still refused to budge. I made a call to the locally elected process server, (a friend of mine), and he told me that this was not even an issue I would need to go to court over.[EDIT] Technically, the process server was the locally elected ‘Constable’. (Had a brain fart, and I just could not remember that term when I first answered this)In so many words, he told me the only issue was that she was trespassing. I paid him $55.00 to serve her with a ‘Notice of Illegal Habitation’, (or something to that effect). When he showed up one day later, and he informed her of her options, (which was to leave peaceably or be arrested), she still argued with him. She stated that she had not even been given an eviction notice and that the courts would have to settle the matter. In no uncertain terms, he told her that may be the case in California, but not here and that she only had two choices - leave or be arrested, (with him being a duly elected court official, he was empowered to arrest her on the spot). [though legally, his vehicle was disallowed because it was his own personal one. So by law, he would have to have called a local LEO for the transport]Still, this bimbo, kept arguing with him - even going so far as to call an attorney friend of hers. This went on for at least another hour, until she finally relented - but only after he pulled out his handcuffs and asked her; “Do you know what happens next?” He then said; “Leave now or go to jail”. He had lost his patience with her and did not even allow her to take her things with her. [By law, she would be allowed 1 hour, on the day of MY choosing to collect her things and never return]. I gave her a time and day, some three days later for her to remove her stuff off of my property. My friend, the process server, went about the final business of posting ‘No Trespassing - By Order Of M******* County.In a situation like this, it is important to know that every state is different and that both landlord and tenants need to familiarize themselves with the laws of their state.As I said, in California, (a state that not only gives preferential treatment to the tenants, but also has serious rent control laws in place), it can literally take months, if not years to get rid of a squatter - especially if minor children are involved.Thank God I live in Arizona….LOL

Some leases contain a buy out provision. If not, and the landlord does not want to negotiate a “fair” agreement, you are on the hook for the entire remainder of the lease.One option you may have is that in many jurisdictions the landlord is obligated to mitigate the damage. That is, they are obligated to try to find a new tenant for the remainder of the time, and if they are able to do so, you only have to pay until the new tenant starts paying. There are occasions when there is no obligation to mitigate, you commonly see this in large complexes when they are likely to have openings in other units anyway, so it would cost them money if they were forced to take on a tenant in your unit instead of another one.Assuming you have several months (or more) left on your lease, it is worth the money to retain and consult with a landlord/tenant attorney so you can be certain of your rights in your specific jurisdiction.Here is an article specific to Arizona. https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-arizona.htmlGood luck.

Evict them. If they don’t have a lease, they are on a month to month rental contract (if they don’t have a contract, they are, by definition) on a month to month.This means (depending upon your area), serve them with a 3 day pay or quit notice, and then start the formal eviction proceedings.ORYou can approach them, and tell them, “Hey, I’ve asked you to leave. You have refused. That means that the ONLY course of action that I am left with is to start eviction proceedings against you. This is going to get really ugly, really quickly. You are going to have an eviction in the public records against you. I am going to be forced to charge you for ALL of my legal fees, and I don’t hire cheap lawyers, I am going to be forced to charge you for all of the court costs, and they aren’t cheap, and I am going to be forced to, if you can’t pay for that cash, use a legal maneuver to get that money out of you until it is paid in full. Do you REALLY want to do that?Tell you what. If you can leave by this weekend, and leave the house in good shape in broom clean condition, I will give you $100 and we shake hands and walk away as friends, is that fair?I REALLY don’t want to ruin your life by evicting you, but that choice is up to you. What do you want to do? Why don’t you move out and I give you $100? Deal?Then stick your hand out to shake it.