Feb 5, 2014

Tenants Possible Defenses During Eviction

Every once in a while, a tenant fails to pay rent or fails to 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.  These are a few examples:

  • Tenant paid partial rent
  • Discriminatory eviction
  • Retaliatory eviction
  • Complete payment of rents owed
  • Landlord is in breach of his obligations

A landlord can often find themselves in an emotionally charged situation, when working with tenants. If you have any questions about these circumstances, it is a good idea to seek the advice of an attorney who focuses his practice in residential evictions.  If you feel like you have a special case or are concerned about the state of your rental property, contact us!