Can an apartment tenant be evicted because of mental illness in Arizona?
Question: Our son has had some mental health issues. For the last two years, he has lived in an apartment complex near our home, and we have helped him when he became ill. Last weekend, he was babbling incoherently out by the swimming pool and even yelled at a couple of children, who then ran home. The property manager called us, and we immediately went over and calmed the situation. The property manager also called the police, who arrived later. The police made a report and left. The next day, my son received a notice of eviction from the property manager because of a violation of his lease’s Crime Free Addendum. If my son has an eviction on his record, he will never be able to rent an apartment again. Can my son be evicted when there was no crime and no arrest?
Answer: Probably not. In addition to probably not being a crime under Arizona law, a tenant cannot be evicted because of mental health issues.
Contact real estate attorney Christopher A. Combs at .