questions & answers

Question: My landlord is refusing to accept my rent payment. Her "agents" (son and Daughter in Law) have given me until the end of the month to move by verbal notice and are indicating they intend to "lock me out" on th 1st of March. They have altered the rental agreement but not in writing. What remedy might I have should I come home to find the locks changed? I have reviewed the LTA and do not see anything regarding refusing to accept the rent payment. I am aware that written notice to vacate must be given. I am not refusing or unable to pay the rent as required.

Answer: Under Arizona law, a landlord may not change the locks on a tenant without first seeking and obtaining a formal eviction from the court. To remove or exclude a tenant from the premises in such a way is explicitly unlawful. A tenant who is locked out of a dwelling may file a complaint with the court. If it is determined that the landlord acted unlawfully, then the tenant will be given the choice to either recover possession or terminate the rental agreement, and, in either case, also will be able to recover an amount of up to two months’ rent or twice the actual damages sustained by the tenant, whichever is greater (A.R.S. 33-1367).