Can I evict my tenant for giving away air conditioners?

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: 04/07/2025
• State: Arizona

Answer:

Whether you can evict your tenant or take her to small claims court depends on various factors. The court will assess if it was reasonable for the tenant to believe that the person who took the air conditioners had your permission. Landlords and tenants must act in good faith according to the lease agreement. Tenants have responsibilities, including maintaining the property and not causing damage or disturbances. If a tenant violates the lease, you must provide written notice of the breach, specifying what the violation is and allowing time for the tenant to remedy it. The notice period can vary based on the type of breach, typically 30 days for non-threatening issues.

In cases of property damage or theft, you may consider a conversion claim in civil court to recover the value of the air conditioners. Conversion occurs when someone wrongfully takes or uses another's property. To succeed, you must show you demanded the return of the property and the tenant refused. Damages can include the replacement value of the property and any loss of use. However, this is a civil matter, not a criminal one.

For specific guidance, you may want to consult with a legal professional familiar with landlord-tenant laws in your state.