Question: I received a irreparable breach. ARS33-1368 It was based on a untrue with witnesses to the fact that on my apartments behalf the situation hadn't arrived there nor did anyone in the apartment was aware of what took place on the premises until the landlord brought it to my attention. What are my options?
Answer: You don't indicate what the allegation of the irreparable breach is. If an irreparable breach occurs, the landlord has the right to terminate the rental agreement immediately. In order to evict you, however, the landlord must file a special detainer action as prescribed in 33-1377. You will have the opportunity to defend yourself in court and will be served with a summons and complaint containing the court date and location. You should be prepared to be present on the date listed on the papers with your own witnesses and proof to demonstrate that the irreparable breach did not occur. If you do not appear, or are not prepared on that date, the Judge may rule against you and you may be evicted.
February 16, 2012