Tenant Defenses for Non-Payment of Rent

1. You have received eviction paperwork from your landlord because you have not paid the rent due.
2. The law requires the landlord to give you proper written notice that the rent has not been paid and how much money is owed.
3. You can fix the issue by paying the rent plus any late fees listed in the lease within 5 days of receiving the notice or at any time before you see the judge.
4. But you should know that there are several possible types of defenses that you might present to the judge.
5. One defense is that your landlord did not give you written notice stating the amount due and giving you 5 days to pay the full amount due.
6. Another defense is that your landlord is requesting the wrong amount owed.
7. For example, maybe you already paid your rent “in full.”
8. In full means that you paid all the court costs, the attorney fees, and the late fees calculated on the date that you pay.
9. Another possible defense is that your landlord did not provide an essential service like running water, or other repairs to common areas.
10. However, you may not simply stop paying rent.
11. Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
12. 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.
13. 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.
14. After the judgment is issued, the landlord does not have to reinstate the lease.
15. 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.
16. Go to the Arizona Recreational Vehicle Long-Term Rental Space Act for more information.

Resources:

Eviction Legal Info Sheets

Eviction Videos