[Code 1881 § 2054; 1867 p 101 § 2; RRS § 10619. Prior: 1866 p 78 § 1.]
My brother has rented a property to a tenant on a month to month contract. She is over a month behind on her rent, she has failed to comply with the terms of the lease, not keeping up property, noise at all hours AND upon Information and belief, she is prostituting in the property. One of her acquaintance threatened my brother. I live in AZ and do legal work here, but it looks like even though there is a month to month lease and he has asked her to leave 3 times and she is late on her rent, possibly conducting illegal activity, etc, he must go through the eviction process and pay fees and possibly wait 30 days to get before a judge? He has given her 20+ days to vacate with 3 separate notices served upon her personally.
This seems unjust to the property owner. She is disgruntled and I can imagine her retaliating by not paying the rent, destroying the property, doing something illegal in the "duplex" next to his (he has seen vehicles drive by constantly) AND vacate in the middle of the night with no payment or concern for my brother as she already has a criminal background and most likely won't care that he obtains a judgment against her. However, he is now out a few months rent and the costs for repairing the damage done.
Is there another remedy to expedite this and/or enforce the terms that both parties agreed to? Month to month?