questions & answers

Question: Our tenant moved out on November 29, having not paid part of October, or November. There are extensive damages to the house that exceed their security deposit. They have said that they do not have money to pay us the back rent, or for the damages above the security deposit. I'm thinking of going to small claims court for the back rent, and then going to Superior court for the damages above the security deposit in the not to distant future. Is that legally acceptable? I am in the process of collecting quotes for repairs. Thank you!

Answer: In claims that arise out of the same action a litigant may bring the cases at the same time or separately. In this instance, property damage and recovery of rent, you may sue in either court it only depends on the monetary amount that you wish to recover. You may want to speak to an attorney regarding the advantages and disadvantages in either court as well as proceeding together or individually. Under A.R.S. 33-1476: E. If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney's fees incurred by the landlord and court costs, if any. F. Except as provided in this chapter, the landlord may recover actual damages, obtain injunctive relief or recover possession of the premises pursuant to an action in forcible detainer for repeated noncompliance by the tenant with the rental agreement or section 33-1451.