Feb 5, 2014

Tenants Possible Defenses During Eviction

Tenants will periodically fail to make rent payment or comply with the provisions in the rental agreement.  It is then up to the landlord to begin the Arizona eviction process. The Residential Landlord and Tenant Act, lay out important rules for a landlord to follow.

Landlords cannot begin an eviction without following specific steps.  Otherwise you might you may expose yourself to damages and give your tenant more advantages. For example, a landlord cannot deny access to the tenant, shut off utilities, threaten the tenant, remove the tenant’s personal belongings or take other action to forcibly remove the tenant without first giving notice and then obtaining a court judgment and order.

There are several defenses a tenant can use during an eviction trial, a few examples are;
  • Tenant made partial rent payment
  • Discriminatory Eviction
  • Retaliatory Eviction
  • Landlord is in breach of his obligations.
As an Arizona landlord you can find yourself in very emotionally charged situation. If you find this is your case then feel free to contact an experienced real estate attorney at 480-344-4035.