No Lease and Tenant will not pay - In Arizona : ezLandlordForms

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No Lease and Tenant will not pay - In Arizona

Sandy M

started a topic over 12 years ago

I allowed some acquaintances to move their travel trailer onto my property in Maricopa County, Arizona to stay for a while. We have NO lease and NO time frame was agreed upon. They are hooked to and using my personal electricity. Now they are not paying me for either the space they occupy, nor the electric they use. We DO have an agreed upon payment amount and date for each item listed above that is all verbal. I am not receiving this amount in a timely manner. They pay a little here and there, but have not caught up in 6 months. I am being forced by them to pay for their electric use. I want them gone. Question #1 - Can I turn off their electric breaker so I don't have to pay for their electric use? Question #2 - What is the best and legal way to evict them from my property as soon as possible? Thank you!!

1 Comment

Donna

said over 12 years ago

Without a written rental agreement, tenancy is on a month-to-month basis. If the utility is metered (water, gas, electricity), the landlord must have individual meters at each space; must take periodic readings; and must provide a periodic billing showing opening and closing meter readings with a computation of the utility charge in the same manner as used by the local utility provider. §33-1413.01(A). Non-metered utilities (trash and sewer service) may be charged for at a rate not to exceed the local providers single-family residential rate. §33-1413.01. If a landlord has scheduled a shutdown of a utility, he must inform tenants. §33-1434(A)(7). Landlords for good cause may terminate tenant rental agreements as follows: For violence or other serious criminal conduct, with an immediate termination notice. §33-1476(D)(3); For health and safety violations, with a 10/20 notice to the tenant. §33-1476(D)(2); For non-health and safety violations, with a 14/30 notice to the tenant. §33-1476(D)(1); For non-payment of rent, with a seven day notice to the tenant. §33-1476(E). If a 10/20 or 14/30 notice is given, and the tenant cures the violation, the landlord must give a notice of cure. §33-1476(D)(1) and (2). If a tenant receives 3 notices about the same problem or 4 notices about different problems within 12 months, landlord can evict on the next notice. §33-1476(D)(4).