Can a landlord terminate a lease if the court dismisses all late fees in a forcible detainer case

If the court determines the tenant has a valid defense and dismisses all the late fees, then why is the landlord allowed to terminate the tenant lease and add additional charges? It doesn’t seem fair ? A landlord can file a five day notice for nonpayment if the tenant doesn’t pay what ever the landlord claims he owes And if the tenant pay the false charges before going to court the landlord dismisses the case. And if the court dismisses the false charges why would the tenan be guilty for nonpayment

Asked on July 4, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Even if a judge find that a tenant has a valid defense and that late charges should not be levied, the tenant still has to pay the rent (or in some cases in Arizona, make repairs to the unit and deduct the cost of those repairs from the rent).  Every time the landlord does a five-day notice, there will be hearing, and the tenant will have an opportunity to state his case.  Please see the Arizona Residential Landlord and Tenant Act for more information.  Copies are available for free online.

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