Full question:
When the house was purchased from ex-spouse (Dec. 2009), there were 2 air conditioner units in 2 different windows. When there at house, noticed they were gone. Tenant said she was told they belonged to a prior tenant (this tenant in house since Apr 2007). I tried to file a police report and was told the tenant had to file the report. She has not since she says no crime was committed. She says the prior tenant, didn't know who he was said they were his and she gave them to him. I was never notified. Can I evict her or at least take her to small claims court for the air conditioners?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Arizona
Answer:
It will likely be a matter of subjective determination for the court as to whether it was reasonable for the tenant to believe the person had your permission to remove the units, based on all the facts and circumstances involved. Landlords and tenants are obligated to act in good faith when performing acts under a lease agreement. The responsibilities of tenants are typically spelled out in the lease; however, basic responsibilities include reasonable use and care of the premises, and a duty not to disturb or disrupt surrounding neighbors with excessive noise. A tenant is obliged to keep the premises in as clean and safe condition as possible, and comply with any applicable health and safety codes. A tenant must not damage the premises, nor cause a nuisance to neighboring tenants. A tenant must not permit or participate in criminal activity on the premises.
A tenant is required to inform a landlord of any dangerous conditions that develop, of any damage caused to the premises by whatever source, and of any serious injury to the tenant, tenant's family or guests, or tenant's property while on the premises. Standard in all leases is the implied covenant of quiet enjoyment which gives the tenant the right to possess the rental premises without interference from or disturbance by others. Most state laws also recognize an implied warranty of habitability, which is defined as the minimum standard for decent, safe,
sanitary housing suitable for human habitation.
A landlord may legally terminate a lease if the tenant significantly violates the lease agreement’s contract terms and conditions. If a tenant breaches the lease agreement, the landlord must serve written notice of the breach upon the tenant, describing specifically what constitutes the breach, and in many cases, stating a deadline by which the tenant must remedy the breach or be terminated. The period of notice prior to the deadline is defined by statute and varies in length
depending on the severity and type of breach. A lease termination for a long-term contract usually requires a 30 to 60 day written notice. If the breach is related to a condition which affects health or safety, a suitably short period of time is allowed in which to remedy the defect.
If the breach involves property damage or other non-threatening conditions, the period of notice is typically 30 days. Criminal activities are often in a separate category, and the landlord may terminate the lease immediately, or on short notice. The right to cure is a right held by the tenant which permits the tenant to remedy a breach of a lease within a specified period of time without penalty. If the breach is not remedied within the stated time period, the landlord then may consider the lease terminated and bring eviction proceedings against the tenant. A notice of breach with no right to cure means that the tenant has breached a specific provision of the lease and has no right to remedy the breach. The lease is therefore terminated and the
tenant has a specified time period to vacate the premises.
Conversion is a action brought in civil court to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. If the items are of a unique nature, so that money can’t replace the item, a writ (official order) of replevin may be sought in court. A replevin petition seeks the return of the particular items taken.
Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so. Damages may be recovered for the replacement value of the property as well as for the loss of its use. Conversion is very similar to theft, but is a civil action, not a criminal action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
