Debt Collection, Garnishment, Repossession

questions & answers

Question: i lived in home and left due to domestic violence. the property manger recieved my order of protection and allowed me to vacate. 6 years later my check is being garnished for unpaid rent and attorney fees. they got a judgement from the court and a collection agency is who garnished my check. i have to pay over 4000 dollars. I thought since domestic vioelnece i was able to leave according to 33-318.

Answer: You are correct that A.R.S. 33-1318 provides for early termination without penalty of a residential lease in the case of domestic violence and assuming proper procedures are followed. If you followed those procedures properly (see below and statute), you should have no liability for early termination or rent following that termination. If they are pursuing you for it, you should retain an attorney if possible or contact the landlord's attorney and provide them with the information and the statute and ask them to set aside the judgment. The statute outlining the procedures provides in pertinent part: 33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601. The tenant's rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following: 1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence. A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service. 2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence. B. A landlord may request from the victim the name and address of the person named in an order of protection or a departmental report pursuant to subsection A of this section, in writing, if known by the victim. C. The tenant may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence as defined in section 13-3601 occurred within the thirty day period immediately preceding the written notice of termination to the landlord, unless waived by the landlord.

Comments:

QUESTIONS

  • i lived in home and left due to domestic violence. the property manger recieved my order of protection and allowed me to vacate. 6 years later my check is being garnished for unpaid rent and attorney fees. they got a judgement from the court and a collection agency is who garnished my check. i have to pay over 4000 dollars. I thought since domestic vioelnece i was able to leave according to 33-318.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS