Seller Cannot Refuse to Sell for Use as a Drug and Alcohol Rehabilitation Home

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Residential Landlord May Evict a Tenant for Growing Marijuana

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Lease with Two Tenants Can Be Terminated If One Tenant Has Drugs

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

Only Tenant Entitled to Live in Rental Home

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Listing Broker Not Required to Disclose Evidence of Drug Use in the Home

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