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Tenant Made Demands for Repairs After Being Served With Non-Payment Eviction Notice

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  • 07-04-2015, 03:28 PM
    Vernrthomas
    Tenant Made Demands for Repairs After Being Served With Non-Payment Eviction Notice
    My question involves landlord-tenant law in the State of: AZ

    Hello. My gave my tenant a non payment eviction notice today. After I gave the notice they taped a note on my door stating they have demands for fixtures to be met per ARS 33-1361. When I spoke with her she said she won't have her rent but that I am still required by law to fix these things. To my understanding this ARS states if I don't fix within 5 days they can vacate so looks like it may still be a win win for me. My question is do I have to comply to her fixture request (which are stupid things like microwave and dryer) when she has not paid her rent? Can I have the sheriff remove them or will I have to file in court first?

    Thank you
  • 07-04-2015, 04:18 PM
    Mr. Knowitall
    Re: Tenant Made Demands for Repairs After Being Served With Non-Payment Eviction Noti
    If you don't know that you have to proceed through the courts to evict your tenant, you should consider a different line of business.

    If you are materially breaching your duties under the lease, your tenant could potentially file a counterclaim for a rent abatement.

    If you choose to blow off the tenant's repair request, there is a possibility that the tenant will move before you file your eviction action, rendering that action moot.
  • 07-04-2015, 04:58 PM
    adjusterjack
    Re: Tenant Made Demands for Repairs After Being Served With Non-Payment Eviction Noti
    Quote:

    Quoting Vernrthomas
    View Post
    My question is do I have to comply to her fixture request (which are stupid things like microwave and dryer) when she has not paid her rent?

    Yes.

    Non-payment of rent has nothing to do with your obligations as landlord.

    I suggest you fix the items ASAP so you don't come out looking like the bad guy in court where they might be able to use your non-compliance as a defense to eviction.

    Besides, you'll have to fix those items for your next tenant unless you want to remove them before you rent it out again.

    Quote:

    Quoting Vernrthomas
    View Post
    Can I have the sheriff remove them or will I have to file in court first?

    If they haven't paid by the "pay or quit" deadline, you will have to file for eviction in court before you can have them removed from the property.

    Having been a landlord in Phoenix for 20 years, I have to agree with Mr K that you should get out of the landlord business if you are clueless about how landlord tenant law works.
  • 07-04-2015, 05:58 PM
    Mr. Knowitall
    Re: Tenant Made Demands for Repairs After Being Served With Non-Payment Eviction Noti
    Quote:

    Quoting adjusterjack
    View Post
    Having been a landlord in Phoenix for 20 years, I have to agree with Mr K that you should get out of the landlord business if you are clueless about how landlord tenant law works.

    To be clear, if you want to be a landlord you need to learn how to screen tenants, you need a valid lease, you need to know your duties to a tenant in occupancy, you have to know how to spot problems on the horizon, you have to know how the eviction process works and that self-help eviction is not an option, and you need to know and follow your state's security deposit laws to the letter. If you don't, you are apt to find yourself in a situation where you rent to bad tenants, don't know how to get them out, end up with non-paying tenants in your rental unit for months (perhaps doing damage), and potentially having to pay them damages because you inadvertently violated their rights in the eviction process or because you didn't properly handle their security deposit.
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