questions & answers

Question: I live in a pay weekly studio apartment and my rent is due on mondays. Ive lived here for 3months but this week im short my landlord has kicked my door in and yelled screamed he wants me out in 5 hours. I have nowhere to go i will have his money in a couple of days. So my question is is this legal and what can i do to get a little more time. Cant he be arrested for slum lord activities. What should i do?

Answer: Arizona law specifies a minimum of a five day cure period for the residential tenant to correct rent arrearages. A.R.S. § 33-1368(B). If the tenant cannot pay arrearages and bring rent current within those five days, the landlord can bring a special detainer action to evict the tenant. A.R.S. § 33-1377(A). The special detainer action may or may not take up to 30 days or more to award the landlord a judgment finding the tenant guilty of forcible detainer. For residential tenancies (even week-to-week tenancies), landlords cannot simply “kick in the door” to evict tenants; landlords must follow the proper legal procedures under the Arizona Rules of Procedure for Eviction Actions. The landlord can only command the sheriff to evict the tenant after acquiring judgment against the tenant in a special detainer action and applying for a writ of restitution. Arizona Rule of Procedure for Eviction Actions 14. Depending on how long the tenant held over the property after the landlord gave notice that the rental agreement was terminated, the landlord may recover damages for unpaid rent. A.R.S. § 33-1375(C). For more information on evictions, check this article: http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=19&articleid=26 Consult an attorney for fact-specific advice.