If my landlord filed eviction even though I already had my rent payment, what can I do?

UPDATED: Dec 14, 2011

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If my landlord filed eviction even though I already had my rent payment, what can I do?

My landlord served me a 5 day notice to pay rent. I had rent before the 5 day notice was up but he would not accept it. He filed for eviction.

Asked on December 14, 2011 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you landlord filed for an eviction of you from your rental even though you cured the rental default within the 5 day period by attempting to make the payment but it was refused, your option is to fight the eviction when you are served with the unlawful detainer action by filing an answer with affirmative defenses that you tendered the rental payment but it was refused, or simply give in and move out.

If you want to contest the eviction, I suggest that you consult with a landlord tenant attorney to assist you in putting up a viable defense to the anticipated unlawful detainer action.

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