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Video Transcript - Tenant Defenses for Non-Payment of Rent

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

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, your rent is subsidized, and you owe less.
  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 defense may be if your landlord accepted a partial payment without having you sign a written agreement to pay the balance.
  11. This is an agreement signed by you at the time the landlord accepted rent, or a portion of the rent, informing you of the terms and conditions of accepting the rent.
  12. Another possible defense is that your landlord did not provide an essential service, like air conditioning, running water, or other repairs.
  13. However, you may not simply stop paying rent.
  14. Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
  15. 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.
  16. 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.
  17. After the judgment is issued, the landlord does not have to reinstate the lease.
  18. 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.
  19. Go to the self-service center at azcourts.gov or AZCourtHelp.org to view helpful Legal Info Sheets such as “Claims Against Your Landlord,” “Non-payment of Rent” and “After an Eviction Action.”

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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