Eviction

questions & answers

Question: I shared a house with two others. I paid rent on time as well as utilities. No rental agreement was given to me and my name is not on the lease. A rental application was submitted. I am now being sued for non payment of rent and non usage utility cost because I moved out prior to the lease expiring.

Answer: Many questions can be answered by the Arizona Residential Landlord Tenant Act (the "Act") found here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf If a formal signed lease existed and you were not on it/didn't sign it, it is unlikely that the landlord can pursue you for non-payment of rent. If there was no formal signed lease and you were in fact a tenant that paid rent, you would be liable but absent a written lease the term of the lease would be month-to-month. In this case, you definitely need to timely file an answer to the complaint so that they do not get a default judgment against you. I recommend you immediately consult a knowledgeable landlord-tenant attorney. Please note that I am providing general information based on the limited information available to me. I am unable to provide specific legal advice, and this response does not create an attorney-client relationship. I wish you the best going forward.

QUESTIONS

  • I shared a house with two others. I paid rent on time as well as utilities. No rental agreement was given to me and my name is not on the lease. A rental application was submitted. I am now being sued for non payment of rent and non usage utility cost because I moved out prior to the lease expiring.

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