ISSUE:

A lease is executed between the landlord and two tenants. There is an altercation between the two tenants, and the police are called. During the search by the police for weapons, the police discover drugs owned by one tenant. Can the landlord terminate the lease and evict both tenants?

ANSWER:

Yes. Under A.R.S. §33-1368(A)(2), a landlord can immediately terminate a lease and evict all tenants if there is possession of drugs on the leased premises.

Arizona REALTOR® Magazine – September 2011


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of “Arizona Real Estate: A Professional’s Guide to Law and Practice”. AAR is the largest professional trade association in the state comprised of more than 45,000 REALTORS® and thousands more affiliate members.

Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.