questions & answers

Question: For the last 8 years I have been paying my landlord cash. I did fall a little behind and was making payments. I never kept track and now he says I am 6 months behind and gives a hand written payment sheet for the last 2 years. He wants about $7000.00 he never gives me receipts and wants cash. I have had to go buy all new appliances because when something breaks down he repairs them and they don't last. There is also a lot of problems (unsafe) we have told him about and he does not repair. Can he legally evict us or take us to court.

Answer: I always recommend that people review the Arizona Residential Landlord Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf A good lesson for the future of course it to always get a receipt. He can take you to court and argue that you are behind. He is required to give you written notice (5 days), then he can file an eviction action against you if you don't pay. You will be served with that packet, and a court date will be set. You should attend that court date (with an attorney if you can) and let them know that you want to fight it and that you do not agree that you are behind. They will set a trial date. You should attend court to argue the case from your side. In this case, you would argue that he would only accept cash and that you did pay him. You would also argue why he waited so long to say you were $7,000.00 behind if that were true. It just doesn't pass the straight-face test. Any proof you have of giving him the money would help. ATM receipts from withdrawing the cash, a witness who saw you give him the money, etc. Please note that I am providing general information and guidance based on the limited information available to me. I am not able to provide legal advice, and no attorney-client relationship is hereby created. I wish you the best going forward.