Can we Terminate Lease?

[Saul Trejo]

Hello, hoping to get input from landlords that might have more experience than us on this! So, we have a SF rental property in AZ...in our contract, it says this about default- 

My question is in regards to the last sentence-  rent is due on the 1st, so if tenant pays on the 10th, I can terminate the lease? or are there other tenant rights that I am missing that would prevent me from terminating? 

19. DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief provided by law. If Tenant fails to comply with any of the material provisions of this Arizona Lease Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Arizona Lease Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Arizona Lease Agreement. 

thank you in advance for your input!!

[Doug McVinua]

@Saul Trejo Attorney I'm not, Arizona Broker and Property Manager I am.

The most commonly used Rental Agreement in Arizona is written and designed to coincide closely with the AZ Landlord Tenant statutes. The common agreement calls for a 5 day notice at which time eviction can begin.

I recently completed 2 evictions in Arizona on tenants that I acquired when I took over management of the properties so I feel pretty comfortable with the standard documents and time frames. It's typically about a 3 week process.

Dr. Evictor is a great eviction attorney and should be able to review the lease you have and determine what the proper steps should be based on your documents and the AZ statutes.