Question: We are being evicted, our landlord served us three papers, each of which stated a different reason for eviction, loudness, smoking, non-payment of rent etc. Do her statements have to be consistent with one another? If so, can I use her inconsistency as a defence in court?
Answer: Under Arizona law, a landlord is required to provide written notice of any material breach of the rental agreement including nonpayment of rent. (A.R.S. § 33-1368). The landlord is required to give the tenant a minimum of 10 calendar days to correct the breach. The 10 calendar days are counted from the date of receipt of the written notice. The landlord can rely on any of the noticed reasons to evict you if you do not cure the default. Be sure to pay any late fees provided for in the lease if you pay your rent.
October 23, 2006