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Eviction Information Related to the COVID-19 Pandemic

Defensas por parte del inquilino por la falta de pago del aquiler

  1. Usted ha recibido una demanda de desalojo de su arrendador porque usted no ha pagado el alquiler vencido.
  2. La ley exige que el arrendador le avise a usted por escrito y de la forma debida que el alquiler no se ha pagado y cuánto dinero se debe.
  3. Usted puede corregir el problema pagando el alquiler más cualquier cargo por mora que se establezca en el contrato dentro de los 7 días después de haber recibido el aviso o en cualquier momento antes de ver al juez.
  4. Pero usted debe saber que existen varios posibles tipos de defensas que le podría presentar al juez.
  5. Una defensa podría ser que el arrendador no le haya entregado un aviso por escrito en el que se establezca la cantidad del adeudo y le dé 7 días para liquidarla.
  6. Otra defensa podría ser que el arrendador le haya pedido que pague una cantidad equivocada.
  7. Por ejemplo, usted cree que debe menos de lo que se alega en el aviso.
  8. O quizás usted ya haya pagado su alquiler por completo.
  9. Pagar por completo significa que usted ha pagado todas las costas judiciales, los honorarios de abogado y los cargos por mora calculados el día que usted pague.
  10. Otra posible defensa podría ser que el arrendador no le haya proporcionado algún servicio esencial, como agua corriente, y que usted haya ejercido sus derechos legales.
  11. Sin embargo, usted no podrá simplemente dejar de pagar el alquiler.
  12. Otra defensa podría ser que su arrendador le esté pidiendo una cantidad que no se mencione en el contrato de alquiler, por ejemplo, cargos por mora.
  13. [Antes de la sentencia]
  14. Antes de que el juez dicte sentencia en contra de usted, dígale si usted trae el dinero para pagar el monto total del adeudado, que incluye las costas judiciales y los honorarios de los abogados.
  15. Se reanudará el contrato de alquiler; es decir, seguirá en vigor si usted paga todo el alquiler en mora, los cargos por mora, los honorarios de abogado y las costas judiciales.
  16. [Después de la sentencia]
  17. Después de que se dicte la sentencia, el arrendador no tendrá que reanudar el contrato de alquiler.
  18. Si el arrendador acepta que usted se quede en la vivienda, antes de pagar estos montos, asegúrese de recibir un documento que establezca específicamente que usted pueda quedarse allí; si no, todavía podría estar obligado a mudarse.
  19. Usted no perderá la propiedad de su casa rodante por el simple hecho de ser desalojado. Consulte con un abogado sobre esos derechos.
  20. Diríjase al centro de autoservicio en azcourts.gov o AZCourtHelp.org para ver algunas Hojas de información legal pertinentes, como por ejemplo, “Desalojos en parques para casas rodantes”.

Resources:

Eviction Legal Info Sheets

Tutoriales de video - Acción de desalojo de casas rodantes

 

 

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¿Cómo consigo que se me devuelva el depósito?

  1. Usted se va a mudar y quiere que se le devuelva el depósito.
  2. Hay ciertos pasos que usted tendrá que seguir para que se le devuelva el depósito al vencer el contrato.
  3. Acuérdese, no se podrá devolver el depósito hasta que usted se haya mudado de la vivienda alquilada.
  4. Primero, sería buena idea pedirle al arrendador un aviso por escrito de la fecha de inspección de la vivienda antes de la mudanza porque usted tiene el derecho a estar presente.
  5. El mejor momento para acompañar al arrendador en el recorrido de inspección de la propiedad es después de que usted haya sacado sus pertenencias, pero antes de devolverle al arrendador la llave.
  6. Le damos un consejo…
  7. Utilice la lista de control de inspecciones completada que se utilizó cuando usted entró a la vivienda de alquiler para poder comparar el estado de la propiedad y determinar si hay daños.
  8. Le damos otro consejo…
  9. Guarde una copia de la lista de control firmada por el arrendador y saque fotos o videos de la propiedad para su archivo personal por si llegara a surgir una controversia más adelante.
  10. Después de mudarse y devolver la posesión la vivienda, usted deberá entregar una solicitud por escrito de la devolución de su depósito.
  11. Le damos un consejo importante.
  12. Asegúrese de darle su dirección al arrendador.
  13. El arrendador le deberá devolver el depósito dentro de los 14 días hábiles siguientes a su solicitud. El arrendador deberá también enviar al último domicilio conocido de usted una lista desglosada de las deducciones.
  14. O proporcionar una lista por escrito de las deducciones junto con el pago del saldo pendiente.
  15. ¿Cuáles son las deducciones que se permiten?
  16. Las deducciones podrán incluir daños que no sean de desgaste por uso normal, alquiler no pagado, reparaciones necesarias por daños en la propiedad que usted haya provocado u otras deducciones que la ley permita.
  17. ¡Atención! Usted deberá disputar los cargos, de preferencia por escrito, dentro de los 60 días siguientes a haber enviado la lista; de no ser así, los cargos se considerarán definitivos.
  18. Le damos otro consejo.
  19. Que no le agarren desprevenido… revise el contrato de alquiler para ver si incluye cuotas administrativas o depósitos no reembolsables que no se le devolverán.
  20. Le damos un consejo.
  21. Si el arrendador no contesta o si usted no está de acuerdo con cualquiera de las deducciones, usted podrá presentar una demanda en la que pide la devolución del depósito.
  22. Pero, en el juzgado usted tendrá que comprobar que el arrendador le deba este monto.
  23. Diríjase a AZleg.gov y lea A.R.S (Ley revisada de Arizona) sección 33-1321(D) para obtener más información sobre cómo conseguir que el arrendador le devuelva el depósito.

Resources:

Eviction Legal Info Sheets

Tutoriales de video - Acción de desalojo de casas rodantes

 

 

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What Will Happen in Court?

  1. You are a tenant who received papers from the court entitled, summons and complaint.
  2. This paperwork tells you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
  3. It’s important to make sure you arrive to the proper location at least 30 minutes early to allow sufficient time to check in and find the courtroom.
  4. Go to AZCourtHelp.org to locate the court where the hearing will be held. First, click on Find my Court, then click on Justice Courts, then insert the court’s street, town, or city name. Court details, such as parking, hours of operation, methods of payment, and contact information are listed.
  5. Pay attention to what the judge is saying while you’re in the courtroom. The judge will call your name to approach the bench.
  6. The judge will verify that the landlord filed the necessary paperwork.
  7. The judge will ask you if you agree or disagree with the complaint.
  8. If you agree, the judge will sign the judgment and give you a copy.
  9. The judgment will tell you how much money you owe and when you must move out of the rental space.
  10. If you disagree, you may answer orally when you come forward to speak with the judge.
  11. Or, you may file a written answer to the complaint before the case is called.
  12. If the judge determines that you may have a legal defense or there are facts in dispute, the judge will set the case for trial.
  13. The trial might be heard on that same day, but it could also be continued to the next eviction calendar.
  14. You may only request a jury the first time you see the judge if there are facts in dispute that a jury can decide.
  15. We understand that tenants fall on hard times for all sorts of reasons and it is no reflection on you as a person that you haven’t been able to pay your rent.
  16. But the judge must follow the law. And the law does not consider hardship as a legal defense to the non-payment of rent.
  17. A defense might be that you did pay the rent, or that you were not given proper notice.
  18. If the judge agrees with you, the case will be dismissed.
  19. The law allows you to not pay all of the rent that is owed only under certain conditions, but you must follow procedures in the Arizona Mobile Home Parks Residential Landlord and Tenant Act.
  20. There are situations where a tenant may pay for a repair even though the landlord is responsible for that issue.
  21. If this is your situation, view the video entitled “Overview of Tenant Defenses.” This video details when and how a tenant can defend against an eviction action.
  22. If you are ordered evicted, the judgment will say that you must move out of the rental space in 5 days or 24 hours if the breach was irreparable.
  23. We know that doesn’t give you much time but that is what the law says, and the judge cannot change that…
  24. … without an agreement from the landlord.
  25. The landlord may be entitled to some other damages but only if they are proven and were included in the original complaint.
  26. Once a judgment is signed, it will be on your record and rental history.
  27. If you pay the full amount of the judgment, the landlord must file a document with the court …
  28. … that is called a satisfaction of judgment indicating that the debt was paid.
  29. But the judgment will remain on your record.
  30. And the only way to get a judgment removed from your record is to have the landlord vacate the judgment.
  31. That is something you would have to work out with the landlord.
  32. Many times, after a judgment is signed, landlords are willing to work with the tenant to help them stay in the rental property.
  33. After the judgment is signed, however, the landlord is under no obligation to reinstate the lease even if you pay everything that you owe.
  34. You should talk to your landlord to see if you can come to some kind of agreement. And be sure to get any agreement you make in writing.
  35. Typically, most landlords will be represented by an attorney.
  36. Many of them might offer to talk to you and you may talk to the attorney if you want.
  37. As officers of the court, attorneys have an obligation to be truthful with you and to not mislead you, but remember, their client is your landlord, not you.
  38. If you reach an agreement with the landlord and their attorney, the attorney can turn it in to the judge and you don’t have to stay, or you can stay and talk to the judge.
  39. For more information, watch the video entitled “What is a Stipulated Judgment?”.
  40. If you do not move by the date the court tells you to move…
  41. …the landlord can file a request for a writ of restitution.
  42. The writ of restitution is an order the judge signs that allows the constable or sheriff to come and remove you from your mobile home and the rented space.
  43. For more information regarding eviction, visit AZCourtHelp.org or azcourts.gov.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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What Landlords Need to Know Before Going to Court

  1. Landlords and tenants each have different rights and responsibilities as it pertains to mobile home parks.
  2. If a tenant is not following the rules or the law, the landlord has various remedies.
  3. But the landlord must follow a process to exercise those rights, which are found in the Arizona Mobile Home Parks Residential Landlord Tenant Act.
  4. The first thing a landlord must do is to prepare a written notice of the alleged breach.
  5. A breach happens when one of the parties to a contract, here a rental agreement, has failed to do something they promised to do, or did something that shouldn’t be done.
  6. For example, if a tenant allows a pet to live on the premises when the rental agreement indicates that pets are not allowed… that’s a breach of the rental agreement.
  7. The notice must tell the tenant specifically what the alleged breach is and what needs to be done to correct it.
  8. Let’s talk about the second requirement…
  9. The landlord must deliver the notice to the tenant by handing it to someone there.
  10. Alternately, the landlord may deliver the notice by mailing it certified or registered mail.
  11. The third requirement concerns how much time is given to the tenant to fix the breach.
  12. If the notice is sent by mail, the time to fix the issue is extended by up to 5 days,
  13. …even if the tenant doesn’t pick up the certified letter.
  14. There are different time frames to fix different types of breaches.
  15. And…the tenant has the right to fix most breaches.
  16. If the tenant does not fix the issue within the required time frame and does not move out, the landlord can then file an eviction action after 20 days if the breach involves a health or safety issue or 30 days for all other breaches.
  17. If the tenant fixes the issue but then commits the same or similar breach in the next 12 months, the landlord can terminate the lease with a 30-day notice.
  18. If the issue involves a crime or other serious issue, the tenant can’t fix that issue and must move to avoid the eviction hearing if they are responsible for the serious breach.
  19. If the issue involves a serious health or safety issue, the tenant must fix that within 10 days.
  20. If the breach is for the non-payment of rent, the tenant can fix the issue by paying the rent plus any late fees listed in the lease within seven days.
  21. For more detailed information regarding the non-payment of rent, view the video entitled “Tenant Defenses for Non-Payment of Rent”
  22. If the breach is for something else, the tenant can fix the issue by stopping the alleged behavior or fix whatever they were not doing but are required to do.
  23. If the breach is not fixed, the landlord can file an eviction action with the court.
  24. However, the landlord can’t lock out the tenant at this stage.
  25. Instead, the landlord must go to court and get a judgment.
  26. For more information about what to expect once you get to court, watch the video entitled “What Will Happen in Court.”are a tenant living in a RV Park and have a lease for over 180 consecutive days. However, your landlord is not following the rental agreement.

Eviction Legal Info Sheets

Eviction Videos

 

 

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What is a Stipulated Judgment?

  1. In an eviction action, there are different types of judgments: default judgment, stipulated judgment, and judgment by the court.
  2. What is a stipulated judgment?
  3. In a stipulated judgment, both sides are in agreement.
  4. Both the landlord and the tenant agree about the amounts owed and that the landlord has the right to recover possession of the rental property.
  5. The landlord’s right to recover possession of the rental property means that the landlord, not the tenant, now has the right to the rental property.
  6. As the tenant, you can agree to everything the landlord is claiming or you can agree to make changes.
  7. Are there any requirements for a stipulated judgment?
  8. Yes, Rule 13(b)(4) of the Rules of Procedure in Eviction Actions require specific warning language to be included on all stipulated judgments.
  9. Make sure that you read all the documents and understand what it says before you sign the stipulated judgment.
  10. It is not easy to back out of a stipulated judgment if you change your mind.
  11. If you do not agree to the terms of the stipulated judgment, the judge will decide the case.
  12. If you don’t come to the hearing, the judge may sign a default judgment against you.
  13. A default judgment means a judgment is signed, in your absence, without you being able to defend yourself.
  14. The consequences of all judgments are the same, whether it is a stipulated judgment, a default judgment, or a judgment by the court.
  15. The judgment will indicate how much you owe and by what date you need to move out.
  16. In most cases, the judgment will say you must move out in 5 days if you are ordered evicted.
  17. That does not give you much time but that is what the law says and the judge cannot change that time without the landlord agreeing to it.
  18. The judgment will include past due rent, late fees, and other fees included in the lease, unpaid utilities, court costs, and attorney fees.
  19. The landlord may be entitled to other damages if they are proven and included in the complaint.
  20. Once the judge signs the judgment, it will appear on your court record and rental history and it may affect your ability to find housing in the future.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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What can a Tenant Do? My Landlord is not Following the Lease.

  1. You are a tenant living in a mobile home park. However, your landlord is not following the rental agreement.
  2. According to the rental agreement and the Arizona Mobile Home Parks Residential Landlord Tenant Act, you may have rights if your landlord is violating the lease.
  3. It is important to continue paying the rent. Your landlord’s violation of the lease agreement does not give you the right to withhold rent.
  4. Let us look at the top complaints against landlords and the remedies you may have.
  5. The first complaint is that the landlord is not making needed repairs.
  6. If you want your landlord to make repairs, you must deliver a written notice to your landlord requesting repairs.
  7. The time frame you give your landlord to make the repairs depends upon the seriousness of the repairs.
  8. You have different options depending on the type of problem you have.
  9. If there is a failure to provide essential services, such as running water, gas, or electrical services required by the lease—
  10. You must give the landlord reasonable notice in writing.
  11. You can terminate the lease if the utilities or services are not being provided pursuant to the terms of the lease.
  12. You cannot pay for these services and deduct them from your rent.
  13. But you are entitled to two month’s rent or twice the actual damages you incur.
  14. If, there’s a problem that affects health and safety issues, such as a broken pipe that delivers water to your rental space, you must give the landlord a ten-day written notice to make the repairs.
  15. Other types of repairs such as pest control in the common areas, or pool equipment malfunctions require a fourteen-day written notice to the landlord.
  16. If those time frames expire and the landlord does not make repairs you have options.
  17. You can hire a licensed contractor for minor defects and deduct this from your rent with certain documentation.
  18. In each of these situations, you can choose to end the rental agreement and move out if the landlord does not fix the problem within those specific time frames.
  19. Seek legal counsel so that you understand what your rights are and what remedies are available.
  20. Your landlord is not allowed to lock you out without a court order.
  21. The landlord may not retaliate if you complained to your landlord o r to a government agency about the health and safety of the premises in the last six months.
  22. If this happens, you may be entitled to damages.
  23. If you are unable to resolve the issues with your landlord, you may file a lawsuit, or you can raise them as a defense if you are being evicted.
  24. Another common complaint is failure to return the security deposit.
  25. For more detailed information about this complaint, see the Legal Info Video entitled “How do I get my security deposit back?”

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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Tenant Defenses for Non-Payment of Rent

  1. You have received eviction paperwork from your landlord because you haven’t paid the rent due.
  2. The law requires the landlord to give you proper written notice that the rent has not been paid and how much money is owed.
  3. You can fix the issue by paying the rent plus any late fees listed in the lease within 7 days of receiving the notice or at any time before you see the judge.
  4. But you should know that there are several possible types of defenses that you might present to the judge.
  5. One defense is that your landlord did not give you written notice stating the amount due and giving you 7 days to pay the full amount due.
  6. Another defense is that your landlord is requesting the wrong amount owed.
  7. For example, you believe you owe less than what is claimed in the notice.
  8. Or, maybe you already paid your rent “in full.”
  9. In full means that you paid all the court costs, the attorney fees, and the late fees calculated on the date that you pay.
  10. Another possible defense is that your landlord did not provide an essential service, like running water, and that you exercised your statutory rights.
  11. However, you may not simply stop paying rent.
  12. Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
  13. Before the court orders a judgment against you, tell the judge if you have the money with you to pay the full amount due, including court costs and attorney’s fees.
  14. The rental agreement will be reinstated. That means it will continue if you pay all past due rent, late fees, attorney fees, and court costs.
  15. After the judgment is issued, the landlord does not have to reinstate the lease.
  16. If the landlord agrees to allow you to stay, before you pay these amounts make sure you receive a document that specifically states that you can stay, or you may still be required to move.
  17. Just because you are evicted, you do not lose your ownership of the mobile home. Seek legal advice about those rights.
  18. Go to the self-service center at azcourts.gov or AZCourtHelp.org to view a helpful Legal Info Sheet such as “Mobile Home Park Evictions.”

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

Tags:

Overview of Tenant Defenses

  1. You have received eviction paperwork from your landlord.
  2. But, you should know that there are several possible defenses that you can present:
  3. One is that your landlord did not follow the procedural rules and laws to evict you.
  4. The law requires the landlord to give you proper written notice of your violation that clearly states what you did wrong.
  5. The landlord must also provide you with a proper summons and complaint.
  6. The summons and complaint paperwork tell you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
  7. To present a defense and try to stop the eviction process, you will need to go to court at the time listed on your summons. Do not be late. Try to arrive at least 30 minutes early to allow sufficient time to check in and find the courtroom.
  8. Another defense is that you did not commit the violations listed on the complaint.
  9. Take copies of any receipts or notices that you need for your defense to show to the judge. If you have witnesses, make sure they come to court on time, too.
  10. There are other defenses such as retaliation, unlawful ouster, and diminution of fair rental value.
  11. An example of diminution of fair rental value is that your rent includes the use of a swimming pool, but it has been closed all summer.
  12. You might be entitled to recover damages because you believe you were paying more rent than you should have if the landlord was not complying with the rental agreement. But you might have to do hat in a separate lawsuit.
  13. You do not have to file a written answer to present your defenses to the judge. But the judge may ask you to file an answer later.
  14. There will be a fee to file the answer. You can request the fees to be waived or deferred.
  15. You must give a copy of your answer to the landlord or their attorney before the hearing.
  16. Make sure you are in the courtroom at the time of your hearing.
  17. When the judge calls your case, make sure you
  18. tell the judge your defense at that time...
  19. and whether you are asking for a jury trial.
  20. The judge may hear all the facts of your case at that time or set it for another day.
  21. The judge will then decide whether you should be evicted based upon the information you and the landlord present.
  22. Go to the self-service center at azcourts.gov or AZCourtHelp.org to view a helpful Legal Info Sheet on “Mobile Home Park Evictions.”

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

Tags:

How do I get my security deposit back?

  1. You are moving and you want your security deposit returned.
  2. There are certain procedures to follow to have your security deposit returned at the end of your lease.
  3. Remember, the security deposit is not returnable until after you have moved out of the rental property.
  4. First, it is a good idea to ask the landlord for a written notice of the move-out inspection date because you have the right to be present.
  5. The best time to join the landlord for the walk-through inspection of the premises is after you moved your belongings but before you return your key to the landlord.
  6. Here is a tip...
  7. Use the completed walk-through checklist that was used when you moved into the rental property to compare the condition of the premises and determine if there are any damages.
  8. Here is another tip...
  9. Keep a copy of the checklist signed by the landlord and take pictures or videos of the premises for your records in case a dispute arises later.
  10. After you move out and return possession of the home, you should submit a written request for the return of your security deposit.
  11. Here is a big tip.
  12. Make sure you provide your landlord with a return address.
  13. Your landlord must return the security deposit within 14 business days of your request.
  14. Or, provide a written list of the deductions along with payment for the remaining balance.
  15. What deductions are allowable?
  16. Deductions may include damages outside of normal wear and tear, unpaid rent, repairs needed for damages to the premises caused by you or other deductions allowed by law.
  17. Beware! You must dispute the charges preferably in writing within 60 days after the list is mailed; otherwise, the charges are considered final.
  18. Here is another tip.
  19. Do not be caught off-guard…check your lease for any administrative fees or non-refundable deposits that will not be returned.
  20. Here is a tip!
  21. If the landlord doesn’t respond, or you disagree with any deductions, you may file a lawsuit for the return of your deposit.
  22. However, you will need to prove in court that the landlord owes you this amount.
  23. Go to AZ leg.gov …and review ARS section 33-1321(D) for more detailed information on obtaining a refund of your security deposit from your landlord.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

Tags:

Overview of Tenant Defenses

  1. You have received eviction paperwork from your landlord.
  2. But, you should know that there are several possible defenses that you can present:
  3. One is that your landlord did not follow the procedural rules and laws to evict you.
  4. The law requires the landlord to give you proper written notice of your violation that clearly states what you did wrong.
  5. The landlord must also provide you with a proper summons and complaint.
  6. The summons and complaint paperwork tell you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
  7. To present a defense and try to stop the eviction process, you will need to go to court at the time listed on your summons. Do not be late. Try to arrive at least 30 minutes early to allow sufficient time to check in and find the courtroom.
  8. Another defense is that you did not commit the violations listed on the complaint.
  9. Take copies of any receipts or notices that you need for your defense to show to the judge. If you have witnesses, make sure they come to court on time, too.
  10. There are other defenses such as the failure of the landlord to comply with their duties under the lease, retaliation, diminution of fair rental value, and unlawful ouster.
  11. An example of diminution of fair rental value is that your rent includes the use of a swimming pool but it has been closed all summer.
  12. You might be entitled to recover damages because you believe you were paying more rent than you should have if the landlord was not complying with the rental agreement. But you might have to do that in a separate lawsuit.
  13. It might also be a defense that the landlord failed to supply an essential service.
  14. You do not have to file a written answer to present your defenses to the judge. But the judge may ask you to file an answer later.
  15. There will be a fee to file the answer. You can request the fees to be waived or deferred.
  16. You must give a copy of your answer to the landlord or their attorney before the hearing. 
  17. Make sure you are in the courtroom at the time of your hearing.
  18. When the judge calls your case, make sure you
  19. tell the judge your defense at that time...
  20. and whether you are asking for a jury trial.
  21. The judge may hear all the facts of your case at that time or set it for another day.
  22. The judge will then decide whether you should be evicted based upon the information you and the landlord present.
  23. Go to the self-service center at azcourts.gov or AZCourtHelp.org to view more information about evictions.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

Tags:

How do I get my security deposit back?

  1. You are moving and you want your security deposit returned.
  2. There are certain procedures to follow to have your security deposit returned at the end of your lease.
  3. Remember, the security deposit is not returnable until after you have moved out of the rental property.
  4. First, it is a good idea to ask the landlord for a written notice of the move-out inspection date because you have the right to be present.
  5. The best time to join the landlord for the walk-through inspection of the premises is after you moved your belongings but before you return your key to the landlord.
  6. Here is a tip...
  7. Use the completed walk-through checklist that was used when you moved into the rental property to compare the condition of the premises and determine if there are any damages.
  8. Here is another tip...
  9. Keep a copy of the checklist signed by the landlord and take pictures or videos of the premises for your records in case a dispute arises later.
  10. After you move out and return possession of the home, you should submit a written request for the return of your security deposit.
  11. Here is a big tip.
  12. Make sure you provide your landlord with a return address.
  13. Your landlord must return the security deposit within 14 business days of your request.
  14. Or, provide a written list of the deductions along with payment for the remaining balance.
  15. What deductions are allowable?
  16. Deductions may include damages outside of normal wear and tear, unpaid rent, repairs needed for damages to the premises caused by you or other deductions allowed by law.
  17. Beware! You must dispute the charges preferably in writing within 60 days after the list is mailed; otherwise, the charges are considered final.
  18. Here is another tip.
  19. Do not be caught off-guard…check your lease for any administrative fees or non-refundable deposits that will not be returned.
  20. Here is a tip!
  21. If the landlord does not respond, or you disagree with any deductions, you may file a lawsuit for the return of your deposit.
  22. However, you will need to prove in court that the landlord owes you this amount.
  23. Go to AZleg.gov …and review ARS section 33-1321(D) for more detailed information on obtaining a refund of your security deposit from your landlord.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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Tenant Defenses for Non-Payment of Rent

  1. You have received eviction paperwork from your landlord because you have not paid the rent due.
  2. The law requires the landlord to give you proper written notice that the rent has not been paid and how much money is owed.
  3. You can fix the issue by paying the rent plus any late fees listed in the lease within 5 days of receiving the notice or at any time before you see the judge.
  4. But you should know that there are several possible types of defenses that you might present to the judge.
  5. One defense is that your landlord did not give you written notice stating the amount due and giving you 5 days to pay the full amount due.
  6. Another defense is that your landlord is requesting the wrong amount owed.
  7. For example, maybe you already paid your rent “in full.”
  8. In full means that you paid all the court costs, the attorney fees, and the late fees calculated on the date that you pay.
  9. Another possible defense is that your landlord did not provide an essential service like running water, or other repairs to common areas.
  10. However, you may not simply stop paying rent.
  11. Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
  12. Before the court orders a judgment against you, tell the judge if you have the money with you to pay the full amount due, including court costs and attorney’s fees.
  13. The rental agreement will be reinstated. That means it will continue if you pay all past due rent, late fees, attorney fees, and court costs.
  14. After the judgment is issued, the landlord does not have to reinstate the lease.
  15. If the landlord agrees to allow you to stay, before you pay these amounts, make sure you receive a document that specifically states that you can stay, or you may still be required to move.
  16. Go to the Arizona Recreational Vehicle Long-Term Rental Space Act for more information.

Resources:

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What can a Tenant Do? My Landlord is not Following the Lease.

  1. You are a tenant living in a RV Park and have a lease for over 180 consecutive days. However, your landlord is not following the rental agreement.
  2. According to the rental agreement and the Arizona Recreational Vehicle Long-Term Rental Space Act, you may have rights if your landlord is violating the lease.
  3. It is important to continue paying the rent. Your landlord’s violation of the lease agreement does not give you the right to withhold rent.
  4. Let us look at the top complaints against landlords and the remedies you may have.
  5. The first complaint is that the landlord is not making needed repairs to common areas.
  6. If you want your landlord to make repairs, you must deliver a written notice to your landlord requesting repairs.
  7. The time frame you give your landlord to make the repairs depends upon the seriousness of the repairs.
  8. You have different options depending on the type of problem you have.
  9. If there is a failure to provide essential services, such as reasonable amounts of running water, gas, or electrical services to the space if required by the lease—
  10. You must provide reasonable notice in writing to the landlord. You may be entitled to recover damages so keep the receipts of your costs if you obtained those services. Or you can terminate your lease.
  11. If, there is a problem that affects health and safety issues, such as the failure to remove the trash from the receptacles, you must give the landlord a ten-day written notice to make the repairs.
  12. Other types of repairs in the common areas such as pest control issues, or pool equipment malfunctions require a fourteen-day written notice to the landlord.
  13. If those time frames expire and the landlord does not make repairs you can terminate the lease after 20 days for a health or safety issue and 30 days for all other repair issues.
  14. In each of these situations, you can choose to end the rental agreement and move out if the landlord does not fix the problem within those specific time frames. You may recover damages so keep your receipts.
  15. Another common complaint is abuse of access.
  16. The landlord has no right to enter your recreational vehicle without your permission.
  17. What can you do about an abuse of access issue?
  18. You may file for an injunction or end the rental agreement.
  19. Your landlord is not allowed to lock you out without a court order.
  20. The landlord may not retaliate if you complained to your landlord or to a government agency about the health and safety of the premises in the last six months.
  21. If this happens, you may be entitled to damages.
  22. If you are unable to resolve the issues with your landlord, you may file a lawsuit, or you can raise them as a defense if you are being evicted.
  23. Another common complaint is failure to return the security deposit.
  24. For more detailed information about security deposits, see the Legal Info Video entitled “How do I get my security deposit back?”

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Eviction Legal Info Sheets

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What is a Stipulated Judgment?

  1. In an eviction action, there are different types of judgments: default judgment, stipulated judgment, and judgment by the court.
  2. What is a stipulated judgment?
  3. In a stipulated judgment, both sides are in agreement.
  4. Both the landlord and the tenant agree about the amounts owed and that the landlord has the right to recover possession of the rental property.
  5. The landlord’s right to recover possession of the rental property means that the landlord, not the tenant, now has the right to the rental property.
  6. As the tenant, you can agree to everything the landlord is claiming or you can agree to make changes.
  7. Are there any requirements for a stipulated judgment?
  8. Yes, Rule 13(b)(4) of the Rules of Procedure in Eviction Actions require specific warning language to be included on all stipulated judgments.
  9. Make sure that you read all the documents and understand what it says before you sign the stipulated judgment.
  10. It is not easy to back out of a stipulated judgment if you change your mind.
  11. If you do not agree to the terms of the stipulated judgment, the judge will decide the case.
  12. If you do not come to the hearing, the judge may sign a default judgment against you.
  13. A default judgment means a judgment is signed, in your absence, without you being able to defend yourself.
  14. The consequences of all judgments are the same, whether it is a stipulated judgment, a default judgment, or a judgment by the court.
  15. The judgment will indicate how much you owe and by what date you need to move out.
  16. In most cases, the judgment will say you must move out in 5 days if you are ordered evicted.
  17. That does not give you much time but that is what the law says and the judge cannot change that time without the landlord agreeing to it.
  18. The judgment will include past due rent, late fees, and other fees included in the lease, unpaid utilities, court costs, and attorney fees.
  19. The landlord may be entitled to other damages if they are proven and included in the complaint.
  20. Once the judge signs the judgment, it will appear on your court record and rental history and it may affect your ability to find housing in the future.

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What Landlords Need to Know Before Going to Court

  1. Landlords and tenants each have different rights and responsibilities depending on the type of housing.
  2. If a tenant is not following the rules or the law, the landlord has various remedies.
  3. But the landlord must follow a process to exercise those rights, which are found in the Arizona Recreational Vehicle Long-Term Rental Space Act.
  4. The first thing a landlord must do is to prepare a written notice of the alleged breach.
  5. A breach happens when one of the parties to a contract, here a rental agreement, has failed to do something they promised to do, or did something that shouldn’t be done.
  6. For example, if a tenant allows a pet to live on the premises when the rental agreement indicates that pets are not allowed… that’s a breach of the rental agreement.
  7. The notice must tell the tenant specifically what the alleged breach is and what needs to be done to correct it.
  8. Let us talk about the second requirement…
  9. The landlord must deliver the notice to the tenant by handing it to someone there.
  10. Alternately, the landlord may deliver the notice by mailing it certified or registered mail.
  11. The third requirement concerns how much time is given to the tenant to fix the breach.
  12. If the notice is sent by mail, the time to fix the issue is extended by up to 5 days,
  13. …even if the tenant doesn’t pick up the certified letter.
  14. There are different time frames to fix different types of breaches.
  15. And…the tenant has the right to fix most breaches.
  16. If the tenant does not fix the issue within the required time frame, the landlord can then file an eviction action.
  17. If the tenant fixes the issue but then commits the same or similar breach again within twelve months, the landlord can issue a notice that the lease will terminate 30 days after the same type of breach happens a 3rd time.
  18. If the issue involves a crime or other serious issue, the tenant can’t fix that issue and must move to avoid the eviction hearing if they are responsible for the serious breach.
  19. If the issue involves a serious health or safety issue, the tenant must fix that within 10 days.
  20. If the breach is for the non-payment of rent, the tenant can fix the issue by paying the rent plus any late fees listed in the lease within 5 days.
  21. For more detailed information regarding the non-payment of rent, view the video entitled “Tenant defenses for non-payment of rent”.
  22. If the breach is for something else, the tenant can fix the issue by stopping the alleged behavior or fix whatever they were not doing but are required to do.
  23. If the breach is not fixed, the landlord can file an eviction action with the court.
  24. However, the landlord can’t lock out the tenant at this stage.
  25. Instead, the landlord must go to court and get a judgment.
  26. For more information about what to expect once you get to court, watch the video entitled “What Will Happen in Court.”

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What Will Happen in Court?

  1. You are a tenant who lives in an RV that you own and is parked in a long-term RV park and you received papers from the court entitled, summons and complaint.
  2. This paperwork tells you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
  3. It is important to make sure you arrive to the proper location at least 30 minutes early to allow sufficient time to check in and find the courtroom.
  4. Go to AZCourtHelp.org to locate the court where the hearing will be held. First, click on Find my Court, then click on Justice Courts, then insert the court’s street, town, or city name. Court details, such as parking, hours of operation, methods of payment, and contact information are listed.
  5. Pay attention to what the judge is saying while you’re in the courtroom. The judge will call your name to approach the bench.
  6. The judge will verify that the landlord filed the necessary paperwork.
  7. The judge will ask you if you agree or disagree with the complaint.
  8. If you agree, the judge will sign the judgment and give you a copy.
  9. The judgment will tell you how much money you owe and when you must move out of the rented space.
  10. If you disagree, you may answer orally when you come forward to speak with the judge.
  11. Or, you may file a written answer to the complaint before the case is called.
  12. If the judge determines that you may have a legal defense or there are facts in dispute, the judge will set the case for trial.
  13. The trial might be heard on that same day, but it could also be continued to the next eviction calendar.
  14. You may only request a jury the first time you see the judge if there are facts in dispute that a jury can decide.
  15. We understand that tenants fall on hard times for all sorts of reasons and it is no reflection on you as a person that you haven’t been able to pay your rent.
  16. But the judge must follow the law. And the law does not consider hardship as a legal defense to the non-payment of rent.
  17. A defense might be that you did pay the rent, or that you were not given proper notice.
  18. If the judge agrees with you, the case will be dismissed.
  19. For more information, view the video entitled “Overview of Tenant Defenses.” This video details when and how a tenant can defend against an eviction action.
  20. If you are ordered evicted, the judgment will say that you must move out in 5 days or 24 hours if the breach was irreparable.
  21. We know that doesn’t give you much time but that is what the law says, and the judge cannot change that…
  22. … without an agreement from the landlord.
  23. The landlord may be entitled to some other damages but only if they are proven and were included in the original complaint.
  24. Once a judgment is signed, it will be on your record and rental history.
  25. If you pay the full amount of the judgment, the landlord must file a document with the court…
  26. … that is called a satisfaction of judgment indicating that the debt was paid.
  27. But the judgment will remain on your record.
  28. And the only way to get a judgment removed from your record is to have the landlord vacate the judgment.
  29. That is something you would have to work out with the landlord.
  30. Many times, after a judgment is signed, landlords are willing to work with the tenant to help them stay in the rental space.
  31. After the judgment is signed, however, the landlord is under no obligation to reinstate the lease even if you pay everything that you owe.
  32. You should talk to your landlord to see if you can come to some kind of agreement. And be sure to get any agreement you make in writing.
  33. Typically, most landlords will be represented by an attorney.
  34. Many of them might offer to talk to you and you may talk to the attorney if you want.
  35. As officers of the court, attorneys have an obligation to be truthful with you and to not mislead you, but remember, their client is your landlord, not you.
  36. If you reach an agreement with the landlord and their attorney, the attorney can turn it in to the judge and you don’t have to stay, or you can stay and talk to the judge.
  37. For more information, watch the video entitled “What is a Stipulated Judgment?”.
  38. If you do not move by the date the court tells you to move…
  39. …the landlord can file a request for a writ of restitution.
  40. The writ of restitution is an order the judge signs that allows the constable or sheriff to come and remove you from the space.
  41. For more information regarding eviction, visit AZCourtHelp.org or azcourts.gov

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Eviction Legal Info Sheets

Eviction Videos

 

 

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