Nov 20, 2015

Who is a Tenant at Sufferance? A.R.S. 12-1173

A Tenant -at-Sufferance is a tenant who remains in a property without permission after a lease ends. At this point, under Arizona law, the tenant does not have a tenancy because you do not agree for them to have possession of the property. The law, however, does not consider these tenants to be trespassers because, at one point in time, the landlord agreed to rent to them.

An Arizona tenant is a Tenant-at-Sufferance if:
  • The written lease expires (it is not self-extending or the landlord does not renew it for another term) and you protest to your tenant remaining;
  • Landlord sends the tenant a valid notice to quit, terminating his or her tenancy for breaking the lease;
  • Landlord sends the tenant a valid 5-Day Notice to Pay or Quit for non-payment of rent;
  • Landlord had a Tenant-at-Will who is still in the unit after receiving a valid notice to quit; OR
  • Landlord has a subtenant who is holding-over after the original tenant's lease ended.
Unfortunately, an Arizona landlord must still go through the formal eviction process to get the tenant out of the property. These Tenants-at-Sufferance are still protected by the Arizona Residential Landlord and Tenant Act, so you must still treat them in the same manner that you did prior to the expiration of their lease.

Call us at 480-344-4035 if you need help evicting your Tenant-at-Sufferance.

Nov 18, 2015

Who is a Tenant at Will?

Tenants-at-Will live in a property with the landlord's permission but without a lease agreement. This is also referred to as a month-to-month tenancy because tenants pay rent once a month, in advance.

A person is a Tenant-at-Will if:

  • There is an oral agreement to rent;
  • There is a written agreement that either says the tenant has a month-to-month tenancy or the writing does not specify when the tenancy ends;
  • The written lease has ended, a new lease has not been signed and the landlord continues to accept rent at the beginning of each month without objection; OR
  • A valid notice to quit is served on the tenant and then later decide to allow him to stay in the property without a new lease.