questions & answers

Question: In Sept 2017 I signed a lease with XXXXX apt. Rent was behind 2 months. Never received an eviction notice, but my locks did get changed, and always in contact with Leasing Manager. I showed up with rent for both months, and she said, no I am not going to rent I am going to evict you. So, I left came back for my stuff, and Feb 2018 I get a bill for $18k that I need to pay for the 12 months. Is that legal?

Answer: Under Arizona law, when a residential tenant fails to pay rent, the landlord may not change the locks until after the landlord has (1) provided the tenant with a written 5-day notice, (2) waited at least 5 days for the tenant to either pay or move out, (3) filed an eviction complaint at a courthouse, (4) served the tenant with a summons and a copy of the eviction complaint, (5) participated in an eviction hearing in front of a judge, (6) obtained an eviction judgment against the tenant, (7) notified the tenant of the tenant’s eviction, and (8) obtained a writ of restitution from the judge. You should speak with an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice) and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.