Eviction

questions & answers

Question: I’m a veteran and my wife is 40 weeks pregnant and we are currently being evicted due to having pet waste on the patio. We would clean our patio daily. Any laws or rights that can protect us to avoid this eviction?

Answer: If a landlord notifies a tenant in writing that the tenant has violated the rental agreement in a way that the tenant can fix, the landlord must give the tenant 10 days (or 5 days, if the violation threatens health and safety) to fix the violation (A.R.S. § 33-1368(A)). If the tenant fails to fix the violation within that period, or fixes it but then commits the same violation again, the landlord may file an eviction complaint in court against the tenant (A.R.S. § 33-1368(A)). If the landlord files an eviction complaint against the tenant, the tenant will receive a copy of the complaint along with a summons stating when the court hearing will take place (A.R.S. § 33-1377). Due to the COVID-19 pandemic, eviction hearings are largely taking place by telephone at the moment. If the tenant wishes to dispute the allegations in the landlord’s complaint, the tenant may file a written answer with the court and should also appear at the hearing to defend themselves by telling their side of the story to the judge and by presenting any evidence (photographs, etc.) or witnesses they may have. More information about how the eviction process works is available here: https://azcourthelp.org/browse-by-topic/eviction/tenant-information.