questions & answers

Question: the apartments where I lived took me to court for nonpayment it went to trial and was dismissed because of no show from apartments. Now what? do they not get the rent they wanted? they wouldn't process my October payment and tried to say in court that I slid it under office door(not true) and that's what took this to trial.Theres a lot more to the story, im on section 8 and only pay portion of rent. They have recognized that I pay $271.00 but still bill me $618.00 and for utilities when they are included for everyone. So again where's that leave me.

Answer: This is for informational purposes only, you may want to consult an attorney for advice.

Just because the landlord defaulted on his action against you for nonpayment of rent, that does not mean you do not owe the rent.

Landlord Tenant law in AZ says:

33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement

A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession, or, without formal demand or reentry, commence an action for recovery of possession of the premises.

C. If judgment is given for the plaintiff, the defendant, in order to perfect an appeal, shall file a bond with the court in an amount fixed and approved by the court and payable to the clerk of the superior court, conditioned that the appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, attorney fees, costs and rent adjudged against the appellant.

D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien upon and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by section 33-1023.