questions & answers

Question: For 3/6 years, my mom hasn't had a lease agreement, for the house she rents, she's just month to month. Last month (April) she texted the landlord asking to sign a new lease. Landlord said no and to move by the end of the month. One day my mom was asleep and someone came to the house trying to give me service papers for her. I didn't accept them on her behalf, and though she requested redelivery, it never came. Now we've been given writ of restitution, 8 hours to vacate, and 2 weeks to return for our belongings. Did we legally get proper notice to vacate, or can we fight for more time to move?

Answer: Under Arizona law, a tenant must be served with a summons and eviction complaint either through personal service or through post and mail service (RPEA Rule 5(e)). If any tenant has been evicted even though they never received proper notice about the hearing, they may wish to consider filing a motion to set aside the eviction judgment (RPEA Rule 15(a)). In some cases, an appeal may also be an option (RPEA Rule 17). Such a tenant would be wise to seek legal advice as soon as possible. There are links to free and low-cost legal services on this website at http://www.azlawhelp.org/accessToJustice.