Summary
If you are dealing with mold in your rental home in Arizona, landlords must maintain habitable premises. If they fail, you can give written notice and potentially terminate the lease. If you lost an eviction hearing due to stress and overlooked filing evidence, you can file a motion to set aside the judgment under Rule 60(c) of the Arizona Rules of Civil Procedure. Stress can be considered excusable neglect, but its evaluated case-by-case. Consult a lawyer for personalized advice.Full Conversation
Phoenix Arizona
Hello ****, thank you for sharing your location. Could you please provide more details about the legal issue you need assistance with?
Mold in home
Hello ****, dealing with mold can be a health hazard. In Arizona:
- Landlords are required to maintain fit premises (ARS § *-*).
- If they fail, you can give a written notice and if not corrected, you can terminate the lease (ARS § *-*).
- You may also repair and deduct in certain cases (ARS § *-*).
Please consult with a local attorney for personalized advice.
misconducted remediation hole house is now infected for two months I’ve been trying to prove theirs mold landlord refused to acknowledge lost an eviction hearing for ftp by default cause don’t submit my evidence or answer to the court in time I was so stressed I overlooked that part I submitted it all to the attorney 5 days befor trial
I'm sorry to hear about your situation, ****. It seems like the issues are ongoing. Here are some steps you can take:
- Document the condition of your home.
- Consult a local tenant's rights group.
- Consider hiring a lawyer to represent you in court.
- Report to local public health department.
Remember, legal advice should be personalized and this is general advice.
Local tenants rights group are not accessible I need to know how to vacate the judgement for inadvertence surprise or excusable neglect as well as new evidence
Hello ****, in Arizona, you can file a motion to set aside a judgement if you believe there was a mistake, inadvertence, surprise, or excusable neglect according to Rule *(c) of the Arizona Rules of Civil Procedure. New evidence can also be grounds for this, but there are specific conditions. It's best to consult a lawyer for guidance.
Lawyers are not accessible without money can you tell me how to word my motion because I overlooked the filing of my evidence and answer due to being unable to prove their was mold to my landlord who knew it was there
In your motion, you might include:
- Identification of the judgement you wish to set aside
- Explanation of why you didn't respond initially
- Your argument for excusable neglect
- Presentation of new evidence
Please note, this is a generalized guide. The specifics may vary based on your situation and local court rules. It's advisable to seek legal help, even if through free or low-cost services.
Can excusable neglect be from overlooking an important procedure due to stress
Yes, ****. Stress can potentially be a factor in excusable neglect in some jurisdictions. However, this is often evaluated on a case-by-case basis and depends on specifics. It is always recommended to consult with a legal professional for accurate advice.
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