questions & answers

Question: My husband was laid off two months before our lease was up and they would not agree to a settlement so they are now suing us for an extreme amount above what we owed depsite the fact we cleaned our condo that was filthy when we moved in and offered what we could and they still have our security deposit . We had to move in with his mother due to not having any source of income, do we have any rights in this case?

Answer: Unfortunately, the inability to pay rent – for any reason – is not a lawful basis on which to violate a rental agreement. However, once a tenant who cannot pay rent has returned possession of the rented dwelling to the landlord, the landlord has a responsibility to ensure not only that any money still owed to the tenant – less the amount of any damages suffered by the landlord – is returned to the tenant but also that those damages are reduced as much as possible. If you would like to discuss your specific situation with an attorney, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).