Eviction

questions & answers

Question: Can I be charged rent for the months following eviction until the property ha been rented out the original lease end date?

Answer: Only a judge may order a tenant’s eviction, and only a judge may determine what amount of money the tenant must pay. After a hearing convened in response to the landlord’s eviction complaint, the judge will issue a written order. That written order will state precisely what amount of money the tenant must pay to the landlord. Given that, under Arizona law, landlords are required to try to “mitigate” (decrease) any monetary damages suffered by the tenant – for example, by attempting in good faith to re-rent a dwelling from which a tenant has been evicted – it is highly unlikely that a judge would order an evicted tenant to continue paying rent to his former landlord for an extended period of time. If you would like to speak with an attorney about your specific situation, there are links to free and low-cost legal services on this website.