Overview of Tenant Defenses
- You have received eviction paperwork from your landlord.
- But, you should know that there are several possible defenses that you can present:
- One is that your landlord did not follow the procedural rules and laws to evict you.
- The law requires the landlord to give you proper written notice of your violation that clearly states what you did wrong.
- The landlord must also provide you with a proper summons and complaint.
- The summons and complaint paperwork tell you that an eviction has been filed against you and that a date and time is scheduled for a court hearing.
- To present a defense and try to stop the eviction process, you will need to go to court at the time listed on your summons. Do not be late. Try to arrive at least 30 minutes early to allow sufficient time to check in and find the courtroom.
- Another defense is that you did not commit the violations listed on the complaint.
- Take copies of any receipts or notices that you need for your defense to show to the judge. If you have witnesses, make sure they come to court on time, too.
- There are other defenses such as the failure of the landlord to comply with their duties under the lease, retaliation, diminution of fair rental value, and unlawful ouster.
- An example of diminution of fair rental value is that your rent includes the use of a swimming pool but it has been closed all summer.
- You might be entitled to recover damages because you believe you were paying more rent than you should have if the landlord was not complying with the rental agreement. But you might have to do that in a separate lawsuit.
- It might also be a defense that the landlord failed to supply an essential service.
- You do not have to file a written answer to present your defenses to the judge. But the judge may ask you to file an answer later.
- There will be a fee to file the answer. You can request the fees to be waived or deferred.
- You must give a copy of your answer to the landlord or their attorney before the hearing.
- Make sure you are in the courtroom at the time of your hearing.
- When the judge calls your case, make sure you
- tell the judge your defense at that time...
- and whether you are asking for a jury trial.
- The judge may hear all the facts of your case at that time or set it for another day.
- The judge will then decide whether you should be evicted based upon the information you and the landlord present.
- Go to the self-service center at azcourts.gov or AZCourtHelp.org to view more information about evictions.
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