Where a Tenant Commits a Felony in the Leased Premises, the Landlord May Immediately Terminate Lease
A murder has taken place at the rental property. The tenant has been arrested and charged with murder, and is now in jail. The police also found drugs in the rental property.
What are the landlord’s rights in such a situation?
The AAR 2008 Residential Lease Agreement (the lease), lines 145-151, states “Tenant…shall not engage in or facilitate:…(ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including…assault…” The lease further provides that any “violation of this provision shall constitute a material and irreparable violation of this agreement and good cause for immediate termination of the tenancy.”
In addition, pursuant to A.R.S. § 33-1368(A)(2), “If there is a breach that is both material and irreparable and that occurs on the premises, including but not limited to…homicide…the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance…the landlord may deliver a written notice for immediate termination of the rental agreement…” The landlord may therefore immediately terminate the Lease.
Arizona REALTOR® Magazine – October 2013 | Landlord/Tenant Issues