Eviction

questions & answers

Question: Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.

Answer: A verbal agreement may not be enforceable in this instance, unless you have a copy of the adjustment. However, it is possible that a court will find that non-performance of the verbal agreement was unconscionable (unfair) if you relied on the verbal agreement to your detriment. consult the Arizona Landlord Tenant Act for more information. Arizona law requires 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 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. http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf

Question: Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.

Answer: A verbal agreement may not be enforceable in this instance, unless you have a copy of the adjustment. However, it is possible that a court will find that non-performance of the verbal agreement was unconscionable (unfair) if you relied on the verbal agreement to your detriment. consult the Arizona Landlord Tenant Act for more information. Arizona law requires 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 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. http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf

Question: Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.

Answer: A verbal agreement may not be enforceable in this instance, unless you have a copy of the adjustment. However, it is possible that a court will find that non-performance of the verbal agreement was unconscionable (unfair) if you relied on the verbal agreement to your detriment. consult the Arizona Landlord Tenant Act for more information. Arizona law requires 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 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. http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf

QUESTIONS

  • Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.
  • Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.
  • Two weeks ago I had a discussion with my landlord and his wife about being two weeks late on my rent and would need to pay it on the 14th of November. They were kind and said that would be fine and to come in around rent time to fill out a promissory note. During that time and now his (the landlord's) wife left him because he was very abusive. Now Sunday Nov 2nd I went in to fill out the contract to pay on the 14th and the landlord said he was evicting anyone who had anything to do with her. What can I do I am a single dad with no family in AZ.

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