Eviction

questions & answers

Question: My landlord got a judgement against me for unpaid rent in October. I paid the amount in full as stated in the court document by the date stated in the court document. The day I paid was Nov. 2. Now my rent is late for November. He told me if I paid it by the 15th of Nov. He would only charge me a $75 late fee instead of the $15 a day after the 5th he usually charges. I called him on the 15th I didn't have all of the rent. He is now telling me I have 2 days to get out.Does he have to do the eviction process all over again for November's rent?

Answer: This is for informational purposes only, you may want to contact an attorney for advice. Under A.R.S. 33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition: B. A tenant may not withhold rent for any reason not authorized by this chapter. If 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. It appears that everything went back to normal after you paid the past due rent. When the landlord agreed to take November rent, it reinstated the rental agreement, and they must now begin the process again.

QUESTIONS

  • My landlord got a judgement against me for unpaid rent in October. I paid the amount in full as stated in the court document by the date stated in the court document. The day I paid was Nov. 2. Now my rent is late for November. He told me if I paid it by the 15th of Nov. He would only charge me a $75 late fee instead of the $15 a day after the 5th he usually charges. I called him on the 15th I didn't have all of the rent. He is now telling me I have 2 days to get out.Does he have to do the eviction process all over again for November's rent?

STORIES

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