Eviction

questions & answers

Question: My dad is disabled and been served a 24 hour eviction notice. Does he have any rights?

Answer:

As you have not mentioned the reason for the eviction, this answer will provide you with some general information. You may want to start by contacting Advocates for the Disabled at 1-800-875-2272 or the Arizona Center for Disability Law at 800-927-2260. For general information on eviction and the eviction process, see our "Eviction" article and our "Court Process for an Eviction" article. The Eviction article details the rights of the tenant when eviction is related to unpaid rent:

The Eviction Process for Unpaid Rent

• Notice is the first step in the eviction process.
• Notice must be in writing and given in person or by certified mail to the tenant.
• The landlord can give notice to the tenant that he will terminate the lease if the rent is not paid within five days.
• On day six, the landlord can file suit. The tenant’s inability to pay the rent is not a legal defense to the lawsuit.

Options for the Tenant

• The tenant has the right to reinstate the rental agreement by paying the rent due, in full, and any reasonable late fees set out in the lease. Taking this action will avoid eviction if done before the complaint is filed.
• The tenant has the right to reinstate the rental agreement after the complaint has been filed but before a judgment is entered by paying the rent due, in full, any reasonable late fees set out in the lease, the landlord’s costs and attorney fees. If the tenant does so before a judgment is entered, he can avoid eviction.
• The tenant does not have a right to reinstate the rental agreement after a judgment has been entered. The landlord has sole discretion over this.