Eviction

questions & answers

Question: I rent a studio apt for 375 a month and have never been late. I told the landlord I can pay on my next check (rent is due on the 18th) but he said if I don't pay by the 23rd he will start the eviction process but he won't if I give him half. I don't even have that to give him can he do that

Answer:

The articles on this site about landlord and tenant rights and responsibilities provide information on the Arizona Residential Landlord and Tenant Act as well as general landlord and tenant rights.

The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes. A.R.S. § 33-1368(B) states that a tenant may not withhold rent from the landlord. If the landlord intends to terminate the rental agreement because rent has not been paid, the landlord can file a special detainer action pursuant to A.R.S. § 33-1377. Be aware that A.R.S. § 33-1368(B) states that the rental agreement shall be reinstated if the tenant tenders all past due and unpaid rent with any reasonable late fee set forth in the rental agreement, before the filing of the special detainer action. A.R.S. § 33-1377(F) states that if a court finds for the landlord, the Court will issue a writ of restitution as per A.R.S. § 12-1181.

The above is provided as general information only, and is not legal advice. To find out how these laws may apply to your specific situation, you may want to consult with an attorney.

Comments:

QUESTIONS

  • I rent a studio apt for 375 a month and have never been late. I told the landlord I can pay on my next check (rent is due on the 18th) but he said if I don't pay by the 23rd he will start the eviction process but he won't if I give him half. I don't even have that to give him can he do that

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