questions & answers

Question: My sister’s landlord accepted my sisters money orders for rent, but did not cash them or pay the management co. They are now trying to charge her late fees or evict. My sister got the money orders back. They are all dated as proof of payment, but the company is insisting she pay the late fees. They have a court order for eviction. What are her rights? She has the MO’s as proof! Should she go to court?

Answer: Any tenant who is facing eviction and wishes to dispute their landlord’s allegations is encouraged to appear at the eviction hearing and to bring their evidence and witnesses with them. If the tenant does not appear, then the judge will likely enter a default judgment in favor of the landlord and the tenant will be evicted and owe whatever amount of money the landlord is asking for. To learn more about the eviction process, please visit the Supreme Court of Arizona’s Self-Help Center here: https://azcourthelp.org/browse-by-topic/eviction/tenant-information. If you would like legal advice, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).