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Real Estate: Arizona/wrongful eviction because of mice?


In Tucson AZ can I be evicted because of a mice problem that started over 2 years since I moved here?

The owner & property management company just changed when I discovered I had mice & the only contact from them was a maintenance man came to check on my security bars.  I showed them pictures of the problem & what I was doing to try to alleviate the mice. There is damage in my laundry room I think is due to the mice.
I have 2 pet rabbits they claim are the cause.  The owners or property management people have never been here. They have no proof of the cause.

I'm not being given any chance to get rid of the mice.

I keep the home very clean, uncluttered & free of trash.
I keep my pet areas very clean. I can prove everything I am saying.

I need help with this. They want me out by June 30

If the landlord thinks there is a health risk with mice this could be cause for eviction.  They have to abide by the notices below.

Eviciton Notices

Arizona Landlords must first serve a notice to the tenant that complies with the Arizona eviction notice laws.

The 5-Day Notice is also used where there is material noncompliance with a specific lease provision that affects the health or safety of other tenants or with the community. This could include pet rabbits they claim are the clause or your failure to clean up the mice droppings.   I don't know how pet rabbits would attract mice.  Maybe because of the food, but there are plenty problems with mice in Arizona without rabbits being present.

A 10-Day Notice is used if the tenant is in material noncompliance with a specific provision of the rental agreement, which must be specified in the notice. This includes having unauthorized persons or pets living in the unit or using the unit for purposes other than as a residence. The notice must advise the tenant that he or she can remedy the breach by complying by a certain date or a lawsuit to evict the tenant will ensue.

I would try to find a middle ground and clean up the area, fix the laundry room or ask other tenants if they have the same problem with rodents. Take pictures of all this for court.

If your lease reads no pets or rabbits they have a strong reason to evict.  If not, you will get your day in court with the eviction and be able to explain your situation to the judge.  It would be a very interesting decision by the judge.  Let me know how it turns out.  Hope this helps.  This is not intended to be legal advice and I am not a lawyer.  

Real Estate: Arizona

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Bill Iannelli


Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at


27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.

National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.

Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.

Licensed Real Estate Broker, BS in Education, certified real estate instructor for the Arizona School of Real Estate.

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Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold.

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