What can I do to prevent eviction?

Our mother-in-law has dementia. We moved into this small very damaged home for a fairly rational price. Our sick mother has a dramatic issue with hoarding, hoarding stuff, garbage, animals, etc. The other roommate moved out without paying his half and the landlord is hounding us for rent threatening to change the locks trying to kick us out without an eviction notice. I have managed to get rid of almost all of her pets and move most of her things out. The landlord refuses to set up the air conditioning, fix our broken front door or empty the dumpster. I am 5 months pregnant and I want to stay.

Asked on July 12, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Under the Arizona Residential Landlord and Tenant Act, the landlord can not evict you without first giving you written notice in the form of a five-day notice.  After that, he may file a special detainer action against you, and you are entitled to a hearing in justice court.  At the hearing, if you still have not paid the rent, you will be evicted, and a judgment will be entered against you for unpaid rent, court costs, etc...  There used to be a special provision in the law in Arizona protecting pregnant women from eviction, but that is no longer the case. You may want to seek out assistance from a charitable organization to get the rent paid.  Once you are current on the rent, you can make a case for getting things fixed.  You also can make minor repairs and deduct the cost from the rent.  You have to first make the landlord aware of the necessary repairs in writing.  Get a copy of the Act online to understand all your rights and responsibilities as a tenant in Arizona.  It is available for free.


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