Tenant Defenses for Non-Payment of Rent
- You have received eviction paperwork from your landlord because you have not paid the rent due
- The law requires the landlord to give you proper written notice that the rent has not been paid and how much money is owed.
- You can fix the issue by paying the rent plus any late fees listed in the lease within 5 days of receiving the notice or at any time before you see the judge.
- But you should know that there are several possible types of defenses that you might present to the judge.
- One defense is that your landlord did not give you written notice stating the amount due and giving you 5 days to pay the full amount due.
- Another defense is that your landlord is requesting the wrong amount owed.
- For example, your rent is subsidized, and you owe less.
- Or, maybe you already paid your rent “in full.”
- In full means that you paid all the court costs, the attorney fees, and the late fees calculated on the date that you pay.
- Another defense may be if your landlord accepted a partial payment without having you sign a written agreement to pay the balance.
- This is an agreement signed by you at the time the landlord accepted rent, or a portion of the rent, informing you of the terms and conditions of accepting the rent.
- Another possible defense is that your landlord did not provide an essential service, like air conditioning, running water, or other repairs.
- However, you may not simply stop paying rent.
- Another defense is that your landlord is requesting an amount not mentioned in the lease. For example, late fees.
- Before the court orders a judgment against you, tell the judge if you have the money with you to pay the full amount due, including court costs and attorney’s fees.
- The rental agreement will be reinstated. That means it will continue if you pay all past due rent, late fees, attorney fees, and court costs.
- After the judgment is issued, the landlord does not have to reinstate the lease.
- If the landlord agrees to allow you to stay, before you pay these amounts make sure you receive a document that specifically states that you can stay, or you may still be required to move.
- Go to the self-service center at azcourts.gov or AZCourtHelp.org to view helpful Legal Info Sheets such as “Claims Against Your Landlord,” “Non-payment of Rent” and “After an Eviction Action.”
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