questions & answers

Question: We have received numerous noise complaints. We addressed the issue multiple times. It was determined that the flooring was poor and that the plumbing in our apartment was broken (causes a loud banging anytime water is turned on). Leasing staff entered our apt. without permission and stated they discovered these things. We thought they found the source of the noise and would figure out a solution. Yesterday we received another 10 day noise complaint. My roommates and I are afraid of eviction and we aren't sure what the next steps should be.

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord may file an eviction complaint against a tenant and take the tenant to court for violating the rental agreement as soon as the tenant has received multiple 10-day notices for what the Act calls “noncompliance of the same or a similar nature” (A.R.S. 33-1368(A)). A tenant who has been wrongfully accused of violating the rental agreement in the first place or who has fixed the violation before they received a second notice may wish not only to document the situation carefully (by keeping notes of dates and times and asking relatives or friends who would be able to testify in court to act as “witnesses”) but also to communicate in detail and in writing with the landlord (while being sure to have copies of all correspondence to give to the court if that becomes necessary). Any agreement between the landlord and the tenant should be in writing and signed by both the landlord and the tenant, and both the landlord and the tenant should get a copy.