In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.
Did you receive a letter? Visit the DCS letter page for more information.
Tenant Defenses for Non-Payment of Rent
- You have received eviction paperwork from your landlord because you haven’t paid the rent due.
- The law requires the landlord to give you proper written notice that the rent has not been paid and how much money is owed.
- You can fix the issue by paying the rent plus any late fees listed in the lease within 7 days of receiving the notice or at any time before you see the judge.
- But you should know that there are several possible types of defenses that you might present to the judge.
- One defense is that your landlord did not give you written notice stating the amount due and giving you 7 days to pay the full amount due.
- Another defense is that your landlord is requesting the wrong amount owed.
- For example, you believe you owe less than what is claimed in the notice.
- Or, maybe you already paid your rent “in full.”
- In full means that you paid all the court costs, the attorney fees, and the late fees calculated on the date that you pay.
- Another possible defense is that your landlord did not provide an essential service, like running water, and that you exercised your statutory rights.
- However, you may not simply stop paying rent.
- Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
- Before the court orders a judgment against you, tell the judge if you have the money with you to pay the full amount due, including court costs and attorney’s fees.
- The rental agreement will be reinstated. That means it will continue if you pay all past due rent, late fees, attorney fees, and court costs.
- After the judgment is issued, the landlord does not have to reinstate the lease.
- If the landlord agrees to allow you to stay, before you pay these amounts make sure you receive a document that specifically states that you can stay, or you may still be required to move.
- Just because you are evicted, you do not lose your ownership of the mobile home. Seek legal advice about those rights.
- Go to the self-service center at azcourts.gov or AZCourtHelp.org to view a helpful Legal Info Sheet such as “Mobile Home Park Evictions.”
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