The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.
If the tenant did not receive a termination notice, the notice does not comply with the law, or was not properly served, the court must dismiss the eviction action. (RPEA 13(a)(2).)
If the acts alleged in the eviction action concern criminal activity, anything the tenant says or presents at the eviction hearing may be used against him or her in a criminal case.
A.R.S. means Arizona Revised Statutes and RPEA means Rules of Procedure for Eviction Actions.
INFO SHEET: CLAIMS AGAINST YOUR LANDLORD
Default judgment may be entered against the tenant if the tenant is not present in the court when the case is called by the judge. (RPEA 13.) Stipulated judgment – the tenant is agreeing that the allegations in the complaint are true and judgment will be entered against the tenant. The tenant will not have an opportunity to offer a defense and cannot appeal from this type of judgment. The judge may award the landlord possession of the property plus rent, late fees (if there is a written rental agreement), attorney fees, court costs, and other damages if there is a legal and factual basis to award these damages. See Legal Info Sheet: Eviction Actions: After an Eviction Judgment for important information if the judge rules against you.
INFO SHEET: AFTER AN EVICTION JUDGMENT
© 2024 Arizona Supreme Court. All Rights Reserved.