Eviction

questions & answers

Question: I am being evicted for complaining. I was served papers at 5:30 on Friday the 12th. I went to the courthouse Monday morning and filed an answer. There was not a judge at the time, the court clerk told me to sign the papers and she would get it taken care of. I also filed a counterclaim. I had to appear in court on the 18th. I appeared in court and asked the judge for a couple days extension so I could have ample time get legal council...he refused. He would not allow me to enter any evidence, pictures, letters, etc. I have 5 days to move....I signed a lease! Can you help me understand

Answer: Under the Rules of Prodcedure for Eviction Actions the "court may order the continuance of the trial date up to three days in justice court....on request of a party for good cause shown..." Rule 11 c. The granting of a continuance is at the discretion of the court. If you had evidence that raised a defense to the eviction action the judge should have allowed you to present it. Likewise if you have evidence relating to a valid counter claim resulting from the landlords non compliance with the rental agreement or the landlord/tenant act you should have been allowed to present evidence on those issues (ARS 33-1365 A).

QUESTIONS

  • I am being evicted for complaining. I was served papers at 5:30 on Friday the 12th. I went to the courthouse Monday morning and filed an answer. There was not a judge at the time, the court clerk told me to sign the papers and she would get it taken care of. I also filed a counterclaim. I had to appear in court on the 18th. I appeared in court and asked the judge for a couple days extension so I could have ample time get legal council...he refused. He would not allow me to enter any evidence, pictures, letters, etc. I have 5 days to move....I signed a lease! Can you help me understand

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