Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We are being evicted, our landlord served us three papers, each of which stated a different reason for eviction, loudness, smoking, non-payment of rent etc. Do her statements have to be consistent with one another? If so, can I use her inconsistency as a defence in court?

Answer: Under Arizona law, a landlord is required to provide written notice of any material breach of the rental agreement including nonpayment of rent. (A.R.S. § 33-1368). The landlord is required to give the tenant a minimum of 10 calendar days to correct the breach.  The 10 calendar days are counted from the date of receipt of the written notice. The landlord can rely on any of the noticed reasons to evict you if you do not cure the default. Be sure to pay any late fees provided for in the lease if you pay your rent.

QUESTIONS

  • We are being evicted, our landlord served us three papers, each of which stated a different reason for eviction, loudness, smoking, non-payment of rent etc. Do her statements have to be consistent with one another? If so, can I use her inconsistency as a defence in court?

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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

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