Full question:
My daughter has been served an eviction notice. She said her rent check bounced without her realizing it, and was not told the check did not go through. When she went to pay rent she was told that she has been served with eviction notice and refused to accept rent payment. She and I do not know her rights to court and has a court date tomorrow. The landlord has also not fixed her air condition since she moved in in January of 2008 and her fire extingisher is not functioning. She has told her landlord this (but has not done so in writting) several times and still these items were not repaired. My concern is the court case tomorrow and what her rights are and what she needs to do?
- Category: Landlord Tenant
- Date:
- State: National
Answer:
A landlord must keep rental properties habitable and comply with housing codes. To use this as a defense against eviction, your daughter should provide written notice to the landlord about the needed repairs. In court, she should bring evidence of the landlord's failure to make these repairs.
In Arizona, a landlord can start eviction proceedings for unpaid rent that is at least five days overdue without serving a notice of termination. The court hearing must occur between five and thirty business days after the complaint is filed. The court will decide on possession of the property and may award damages, attorney fees, and costs.
Additionally, landlords are required to maintain air conditioning and other essential services. If the landlord fails to provide these services, your daughter can notify them of the issue and may have several options, including deducting repair costs from her rent or seeking substitute housing. However, she must give the landlord notice before taking such actions (Ariz. Rev. Stat. § 33-1324 and § 33-1364).
It's crucial for her to document all communications with the landlord and gather any proof of the landlord's neglect regarding repairs and the eviction process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.