Eviction

questions & answers

Question: My dad is disabled and been served a 24 hour eviction notice. Does he have any rights?

Answer:

As you have not mentioned the reason for the eviction, this answer will provide you with some general information. You may want to start by contacting Advocates for the Disabled at 1-800-875-2272 or the Arizona Center for Disability Law at 800-927-2260. For general information on eviction and the eviction process, see our "Eviction" article and our "Court Process for an Eviction" article. The Eviction article details the rights of the tenant when eviction is related to unpaid rent:

The Eviction Process for Unpaid Rent

  • Notice is the first step in the eviction process.
  • Notice must be in writing and given in person or by certified mail to the tenant.
  • The landlord can give notice to the tenant that he will terminate the lease if the rent is not paid within five days.
  • On day six, the landlord can file suit. The tenant’s inability to pay the rent is not a legal defense to the lawsuit.

Options for the Tenant

  • The tenant has the right to reinstate the rental agreement by paying the rent due, in full, and any reasonable late fees set out in the lease. Taking this action will avoid eviction if done before the complaint is filed.
  • The tenant has the right to reinstate the rental agreement after the complaint has been filed but before a judgment is entered by paying the rent due, in full, any reasonable late fees set out in the lease, the landlord’s costs and attorney fees. If the tenant does so before a judgment is entered, he can avoid eviction.
  • The tenant does not have a right to reinstate the rental agreement after a judgment has been entered. The landlord has sole discretion over this.

QUESTIONS

  • My dad is disabled and been served a 24 hour eviction notice. Does he have any rights?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS