Tenant Rights Violation Lawsuit

Summary

The user, a tenant in Arizona, was served an eviction notice for non-payment of rent while in jail. The landlord allegedly refused the tenants attempt to pay rent upon release, stating he would serve a 30-day notice instead. The landlord also signed a new lease with a guest in the tenants absence. The tenant seeks to sue the landlord for violating tenant rights. The tenant has a hearing scheduled and is seeking advice on the Arizona Residential Landlord and Tenant Act.

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I had a guest in my home, she cakked police on me, was charged with misdermeaber disorderly conduct and ordered not to return home. I violated that order got rearrested held with * bond. While in jail, guest contacted my landlord told him I was going ti be in jail a while and could she rent my house. I have an eviction hearing today and I have found out kandlird signed lease effec. * * with her
What state are you located in? This will help me provide the most accurate information regarding your eviction hearing and lease agreement.
Az
What evidence do you have to support your claim against the guest and the landlord? In Arizona, landlords must provide written notice before eviction.
I gave a copy of the signed lease.
What is the duration of your lease and does it have any clause about subletting or unauthorized occupants? In Arizona, unauthorized subletting can be grounds for eviction.
He is evicting fir non payment of rent only
What is the amount of rent you owe and have you been given a written notice for eviction due to non-payment of rent?
*
Do you have any proof of payment or any communication with your landlord about the delay in rent payment? In Arizona, landlords must provide a *-day notice for non-payment of rent before filing for eviction.
Yes. I tried topay my rent * dats ago and my landlord told me to save my money. Because if I paid my rent ge would serve me 30 day notice. I have been month to month since * ywar lease expired 2 months ago.
What proof do you have of your landlord's refusal to accept your rent payment? In Arizona, refusing to accept rent payment without a valid reason can be considered a violation of landlord-tenant laws.
I had a person sitting next to me and had the landlord on speaker
What did the person who was sitting next to you hear during the conversation with your landlord?
The kandlord said in reply to me telling him I was going to Wal-Mart * walmart my rent that day, "Bitch don't waste yourmoney, because I wilk just serve you with 30 day notice and gave you out by October. I have told you that I could get more money for this house, your rent is too cheap. My property tax us out of control"
Do you have any written communication or recording of this conversation with your landlord? In Arizona, verbal agreements can be hard to enforce in court.
No
No recordings, but I do have a copy of the signed lease he had with my guest that is effective * * *
What is the date on the lease agreement between your landlord and your guest?
August *....
What is the exact date you were evicted from your home?
I have not been evicted yet, I go to court today
What is the location of the court you're going to today?
Patson justice court
What is the exact address of the Patson Justice Court where your hearing is scheduled?
* s beeline highway payson, az
What time is your hearing scheduled at the Payson Justice Court? The court's contact number is (*) *-* if you need any further information.
* * pn
Do you have a lawyer representing you in court today?
No
Do you have any evidence to show that you were willing and able to pay the rent when it was due?
Yes I have a signed statement from Josh Silva indicating what he geard on the phone
What exactly did Josh Silva hear and write in his statement?
Plus the lease * * *
What is the content of the lease agreement effective from */*/* that you mentioned?
It is for Kayle Hallam $* per month with a $* deposit and a $* late fee if rent is paid after the 3rd of the month. Its is signed by both parties on * * * but states lease is effective * * *
What is the duration of the lease agreement between your landlord and Kayle Hallam?
It is a month to month lease
Did the lease agreement between your landlord and Kayle Hallam include any clause about subletting or unauthorized occupants?
Yes just as mine did but he allowed me to sublet because when I signed lease in jul
What was the specific subletting clause in your lease agreement?
Juky * it was with Josh but Josh had to leave January * for work so the kandlord told me he doesnt care what I do as long as I pay the rent on time
What was the exact date when your landlord told you that he doesn't care what you do as long as you pay the rent on time?
When he tried to evict me in January cause Josh left without helping me pay rent. That was the kast time I was late til niw and the reason I was late niw was because I was in jail
What evidence do you have to prove that you were in jail and unable to pay rent on time?
He served me my 5 day notice in jail on * * *
What is the exact date you were released from jail?
* * *
What is the exact date you were served the *-day notice for non-payment of rent?
* * *
What is the exact date you were arrested and put in jail?
* * *
What is the exact date you attempted to pay your rent after being released from jail?
I believe it was * * or *
What is the exact date you attempted to pay your rent after being released from jail?
I had been trying to contact my landlord since * * because I was told that she had taken over my house. Then finally he answered my call on * *
What was the outcome of the conversation you had with your landlord on August 15th?
He said Bitch don't waste your money because if you pay your rent I will just serve you with a 30 day notice and have you out by October
What is the name of your landlord?
Robert Youbg, Atty
What is the exact date you were served with the eviction notice?
Young
What is the exact date you received the eviction notice from Robert Young, Atty?
I went to do a civil standby at my house to get sone property and Kayle gave a folder to cop to give me and that was * *
What was in the folder that Kayle gave to the cop to give to you?
A summons for hearing notice evuction action, the eviction, copy of my lease, copy of 5 day, copy of * minth payments, and then I guess she acvidently left ger lease in the folder
What is the date and time mentioned in the summons for the eviction hearing notice?
* * pm * * *
What is the name of the judge presiding over your eviction hearing?
Donald Garvin
What is the exact amount of rent you owe to your landlord, Robert Young?
$* rent, $* late fee, $* court costs Total $*.
What is the exact date you were supposed to pay the rent for the month you were in jail?
Lease goes *.* to *.*.
What is the exact date you were arrested and unable to make the rent payment due to being in jail?
July *, * I dont have that paper with me but I can get it
What is the exact date you were arrested?
I am not sure if it us July *, * or *. I do not have the oaperwork with me. Please bear with me, I am homeless. I xan get the paoerwork
What is the exact date you were released from jail?
* * *
What is the exact date you attempted to pay your rent after being released from jail?
* *.......I was borrowing the money vecause I have it hidden inmy house which I gave not gas access to since I was arrested
* * *.....I was borrowing the rent because I have $* cash hiddenin my house but have not not been able to access my house since I was arrested July *, * or *. I have not been able to see my animals either for an entire month
Calked landlord for the 19th time since getting out of jail to pay rent on * * *
Hello
Hello ****, what specific legal advice are you seeking regarding your eviction and lease agreement situation?
Well I know that it is a violation of the kandlord tenact act for him to have a signed lease dated * * *. Seems ge should not be anle to evict, cause you cant charge rent twice, and she is paying * more per month than me. What ats did he violate
What is the exact date you were served with the eviction notice?
* * *
What is the exact date you were supposed to pay the rent for the month you were in jail?
* *
What is the exact date you were arrested and unable to make the rent payment due to being in jail?
* either *, *, or *
What is the exact date you were arrested?
Juky * or * or *...not sure paperwork is secured at a fruends house
Can you provide the exact date of your arrest once you have access to the paperwork? This could be crucial for your case.
I am homekess
Yes I can I just didnt want to be walking around with all that
I am honeless and left my paperwork with a friend to keep it secure
Can you access your paperwork before your court hearing? It's important to have all relevant documents for your case.
Yes.
What is the exact date you were released from jail?
* * * at approximately * * pm
What actions have you taken since your release from jail regarding the eviction notice and the lease agreement with your guest?
I am not allowed to contact her
No contact
I am not allowed to have contact with her
Hello
Hello ****, what specific legal advice are you seeking regarding your eviction and lease agreement situation?
I want to sue my landlord for violating the landlord tenact act. What ARS section is it