questions & answers

Question: My Landlord has started Eviction proceedings and has become quite vicious about the whole issue. I do not dispute the fact that I am late with the rent. (Serious Medical Issues arose) and have been attempting to make arrangements for the arrears and current amounts due. He is refusing to discuss that option. He is now adding that I am a problem to the other neighbors, in addition huge maintenance list he has told me has cost the landlord undue stress and hardship. I have over 100 pictures available to show the condition upon move in and he refuses to see them as well. Opinions? Regards, KFP

Answer: Under Arizona law, a residential landlord is not required to agree to accept a late payment arrangement proposed by a tenant. However, if the landlord has failed to meet the landlord’s obligation to “maintain fit premises” (A.R.S. 33-1324) and the tenant has suffered monetary damages as a result, then the tenant may file a counter-claim against the landlord if and when the landlord files an eviction complaint for nonpayment of rent against the tenant.