What Will Happen in Court?

1. You are a tenant who received papers from the court entitled, summons and complaint.
2. This paperwork tells you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
3. It is important to make sure you arrive to the proper location at least 30 minutes early to allow sufficient time to check in and find the courtroom.
4. Go to AZCourtHelp.org to locate the court where the hearing will be held. First, click on Find my Court, then click on Justice Courts, then insert the court’s street, town, or city name. Court details, such as parking, hours of operation, methods of payment, and contact information are listed.
5. Pay attention to what the judge is saying while you’re in the courtroom. The judge will call your name to approach the bench.
6. The judge will verify that the landlord filed the necessary paperwork.
7. The judge will ask you if you agree or disagree with the complaint.
8. If you agree, the judge will sign the judgment and give you a copy.
9. The judgment will tell you how much money you owe and when you must move out of the rental property.
10. If you disagree, you may answer orally when you come forward to speak with the judge.
11. Or, you may file a written answer to the complaint before the case is called.
12. You may also file a written counterclaim.
13. If the judge determines that you may have a legal defense or there are facts in dispute, the judge will set the case for trial.
14. The trial might be heard on that same day, but it could also be continued to the next eviction calendar.
15. You may only request a jury the first time you see the judge if there are facts in dispute that a jury can decide.
16. We understand that tenants fall on hard times for all sorts of reasons and it is no reflection on you as a person that you haven’t been able to pay your rent.
17. But the judge must follow the law. And the law does not consider hardship as a legal defense to the non-payment of rent.
18. A defense might be that you did pay the rent, that the landlord accepted a partial payment, or that you were not given proper notice.
19. If the judge agrees with you, the case will be dismissed.
20. The law allows you to withhold rent only under certain conditions, but you must follow procedures in the Arizona Landlord Tenant Act.
21. There are situations where a tenant may pay to obtain a service the landlord is not providing, like water or heating.
22. If this is your situation, view the video entitled “Overview of Tenant Defenses.” This video details when and how a tenant can defend against an eviction action.
23. If you are ordered evicted, the judgment will say that you must move out in 5 days or 24 hours if the breach was irreparable.
24. We know that doesn’t give you much time but that is what the law says, and the judge cannot change that…
25. … without an agreement from the landlord.
26. The landlord may be entitled to some other damages but only if they are proven and were included in the original complaint.
27. Once a judgment is signed, it will be on your record and rental history.
28. If you pay the full amount of the judgment, the landlord must file a document with the court …
29. … that is called a satisfaction of judgment indicating that the debt was paid.
30. But the judgment will remain on your record.
31. And the only way to get a judgment removed from your record is to have the landlord vacate the judgment.
32. That is something you would have to work out with the landlord.
33. Many times, after a judgment is signed, landlords are willing to work with the tenant to help them stay in the rental property.
34. After the judgment is signed, however, the landlord is under no obligation to reinstate the lease even if you pay everything that you owe.
35. You should talk to your landlord to see if you can come to some kind of agreement. And be sure to get any agreement you make in writing.
36. Typically, most landlords will be represented by an attorney.
37. Many of them might offer to talk to you and you may talk to the attorney if you want.
38. As officers of the court, attorneys have an obligation to be truthful with you and to not mislead you, but remember, their client is your landlord, not you.
39. If you reach an agreement with the landlord and their attorney, the attorney can turn it in to the judge and you don’t have to stay, or you can stay and talk to the judge.
40. For more information, watch the video entitled “What is a Stipulated Judgment?”.
41. If you do not move by the date the court tells you to move…
42. …the landlord can file a request for a writ of restitution.
43. The writ of restitution is an order the judge signs that allows the constable or sheriff to come and remove you from your home.
44. For more information regarding eviction, visit AZCourtHelp.org or azcourts.gov.

Resources:

Eviction Legal Info Sheets

Eviction Videos