Under Arizona law, tenancy at sufferance is the period of time after a lease has expired during which a tenant does not have tenancy because the landlord has not given permission for the tenant to possess the property. However, Arizona law does not consider the tenant to be trespassing because the landlord agreed at one time to rent to them.
For a Tenancy at Sufferance to Apply:
- Expiration of a written lease that is not self extended or extended by the Arizona landlord.
- Arizona Landlord objects to the tenant remaining in the property.
- Arizona Landlord sends tenant a valid notice to quit or notice to pay or quit.
- Arizona Tenant remains in the property after receiving landlord’s notice to quit or notice to pay or quit.
Tenants at sufferance are still protected by the Arizona Residential Landlord and Tenant Act, so Arizona landlords you must still treat them in the same manner that they did prior to the expiration of their lease.
options for arizona landlords
Buyout the Tenant: An Arizona landlord may offer the Arizona holdover tenant to leave the Arizona property. Sometimes referred to as “cash for keys.” This is something that is similar to what is done by banks in foreclosure situations.
New Lease Agreement: A landlord may offer a new lease agreement, which would end the tenancy at sufferance and bind both the Arizona landlord and Arizona tenant to the new lease agreement.
Eviction of the Arizona Tenant: Section 33-1375 of the Arizona Residential Landlord and Tenant Act provides landlords with the option to pursue legal action against the tenant:
If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.
A.R.S. 33-1375
If you need help from an Arizona real estate attorney then contact the Dunaway Law Group at 480-389-6529 or message us HERE.
Who is a Tenant at Will?
In Arizona, Tenants at Will live in a property with the landlord’s permission but without a lease agreement. This is also known 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; or
- 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 Arizona 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.
If you need help from an Arizona real estate attorney then contact the Dunaway Law Group at 480-389-6529 or message us HERE.
