Tenants living in Tuscon, Arizona, have specific rights throughout the eviction process that the landlord cannot violate. If the landlord fails to adhere to the eviction laws for Arizona and infringes on the tenant's rights, the eviction case is dismissed and the landlord may open himself up for civil liability from the tenant.
If the Tuscon, Arizona, tenant is facing an eviction due to not following a lease rule or failing to pay the rent, he has the right to get the lease reinstated by addressing the problem. The initial notice that the tenant receives in the eviction should detail exactly why the landlord is considering eviction, and the steps the tenant has to follow to get his tenancy reinstated. In most cases, it is as simple as catching up on back rent.
You can avoid the landlord filing for an eviction if you move out during the termination notice period. The notice period differs based on the reason that your landlord cites for wanting to evict you. A 10-day notice is given should you break the lease rules. Only five days are provided if you are behind on your rental payments in Tuscon, Arizona. If you do leave during this period and owe back rent, the landlord may get a judgment against you for the money owed.
The eviction continues if you stay in the Tuscon, Arizona, apartment and do nothing to remedy the situation stated in the eviction notice. Arizona eviction cases are scheduled between three to five days after the eviction complaint is filed, and the tenant is notified of the impending hearing through a summons delivered by a process server. The tenant can attempt to prove that the landlord should not evict him based on the complaint reasons, but in cases such as late rental payments the tenant rarely has an affirmative defense.
After the court has given a judgment, the Tuscon, Arizona, tenant has only a short time to leave the property. The exact number of days depends on what the court grants the tenant. The landlord has to wait until this final waiting period is up before he can file for a sheriff to remove the tenants from the property. The tenants may appeal the judgment but generally have to leave the property as the appeal process progresses.