Eviction

questions & answers

Question: How long after the court date (default judgement) do I have to move out of the apartment if I do not plan on paying?

Answer: Under Ariz. Stat. Ann. § 33-1368(B) [i]f rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.

For additional resources for the obligations of a tenant you may want to take a look at the Arizona Landlord Tenant Act: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf

For legal assistance on filing paperwork and fighting your case, you may want to consult a licensed attorney directly.

QUESTIONS

  • How long after the court date (default judgement) do I have to move out of the apartment if I do not plan on paying?

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