How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RONB-ESQ Your Own Question
RONB-ESQ
RONB-ESQ, Attorney
Category: Landlord-Tenant
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
90553395
Type Your Landlord-Tenant Question Here...
RONB-ESQ is online now
A new question is answered every 9 seconds

Can a Landlord take you to court with a verbal notice saying

Customer Question

Can a Landlord take you to court with a verbal notice saying that you have 5 days to vacate
?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  RONB-ESQ replied 1 year ago.

Hi my name is ***** ***** I am a licensed attorney. Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I see you have a question about landlord tenant law. I have handled matters like this in the past and believe I can help you understand your rights. In the event I believe you should seek a local attorney, I will advise you of that as well.

I would generally state no a verbal notice to vacate is not sufficient in most if not all jurisdictions as a necessary pre condition to filing the eviction suit. Could you advise me as to what you state you are located in so that I can provide some more specific information?

The requirements vary from state to state but all that I am aware require the notice to be in writing. In certain states it must be delivered in a specific way or variety of ways. The specific number of days requires varies from state to state as well.

Please let me know where you reside and I will clarify my answer

Customer: replied 1 year ago.
Marana, Arizona
Customer: replied 1 year ago.
Major Repairs have needed to be made, ex: Hot Water Heater, we bought one and had it installed, and deducted it from our rent.
Customer: replied 1 year ago.
We have both outside doors that need replaced due to water damage; one wall needs the aluminum wiring replaced; mobile needs to be leveled (not done initially), repeated attempts to contact landlord have been ignored for 1 year). Mobil has been for sale at least 1 year.....we found out from neighbor surfing the internet, tried to repeatedly contact landlord....no response, until yesterday. Landlord wants $8,000.00 ($2,000.00 per month for 4 months), then we can purchase at $400.00 per month...OR...GO TO COURT...next week...BE EVICTED WITHIN 5 DAYS.
Expert:  RONB-ESQ replied 1 year ago.

The landlord must first serve a notice to the tenant that complies with the Arizona eviction notice laws. In cases of nonpayment of rent, the landlord must serve a written 5-Day Notice to the tenant to pay the required rent or vacate the unit. The notice must state the amount of rent owed, that the tenant can remain in the property if the entire rent is paid by a certain date, and that a lawsuit will be filed if the tenant fails to comply by the termination date.

The written notice must be served on the tenant or a person of legal age within the rental location and/or by placing on the Door of the unit, or via Certified Mail or regular mail. The person giving the notice must provide some affidavit as to how the notice was given to tenant unless it was via certified mail and signed for by tenant or occupant.

So to answer the question you posed the Notice must be in writing to successfully prevail in the eviction lawsuit and must comply with the law as to how it was given to tenant. You might find information at this site that would be helpful for other questions you have as related to the withholding of rent, etc.

https://www.landlordology.com/arizona-landlord-tenant-laws/

Let me know, but I think this answers the question you posed.

I greatly appreciate you taking the time to provide positive feedback and do know that if my answer to your original question is unclear feel free to reply and I will clarify.

Ron

Expert:  RONB-ESQ replied 1 year ago.

For a pdf copy of the overall rules governing evictions you can view a pdf copy here http://www.azcourts.gov/portals/20/2008rulesa/r-07-0023finalruleorder.pdf

Expert:  RONB-ESQ replied 1 year ago.

Though it was not in your original question you mentioned withholding rent for certain repairs. You have to provide certain legal notices to the landlord making him/her aware of the issue and generally providing him a reasonable period to repair (I think around 10 days). Arguably this time would be shorter for matters that prevent you from safely occupying the structure. You might look at this site as it has information geared more toward tenants to get more information on withholding rent. http://www.arizonatenants.com/rentcycle.htm

Expert:  RONB-ESQ replied 1 year ago.

I just wanted to follow up and make sure I fully answered your question. If so, if you would be so kind as to provide positive feedback for my answer as that is the only way I get credit for the time spent answering your question. Do note you will not be charged more this just means a portion of your payment goes to me instead of being held by Just Answer.

Have a great holiday

Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked. In the event you have already provided feedback and I missed it Thank you and please disregard.

Regards,

Ron