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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6133
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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Have been served an eviction notice from the property

Customer Question

Have been served an eviction notice from the property manager as they claim harassment which is completely false. I have paid every rent payment and have requested for repairs to be done at the property only to be ignored. Property has a pool and the landlord and property manager are indemnified however the property managers contractors have left the gate open on 3 occasions so when that has happened I get upset as it is a liability I refuse to be held responsible for by their lack of safety and respect. Small children live in the neighborhood. Back in January I asked to amicably end the lease with the landlord and property manager which they stuck it to me but now that I am more vocal about my displeasure with the gate being left open and repairs to performed they now want to evict me. I am happy to leave but do not want anything against my name for an eviction also the property manager files an injunction against harassment against me which is a joke but now I have to deal with that as well. Please advise. Thank you
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 12 months ago.

Hello Matt and thank you for using the Just Answer website. I look forward to assisting you. What is your specific question, please? Are you asking how to dispute the eviction? If that is your question, I will need to know in what state your residence is located. Thank you.

Customer: replied 12 months ago.
Arizona
Customer: replied 12 months ago.
Please advise to my question. Thank you
Expert:  MDLawyer replied 12 months ago.

And what is your specific question, please?

Expert:  MDLawyer replied 12 months ago.

Do you want to know how to dispute the eviction or are you asking for some other information?

Customer: replied 12 months ago.
Have been served an eviction notice from the property manager as they claim harassment which is completely false. I have paid every rent payment and have requested for repairs to be done at the property only to be ignored. Property has a pool and the landlord and property manager are indemnifiedhowever the property managers contractors have left the gate open on 3 occasions so when that has happened I get upset as it is a liability I refuse to be held responsible for by their lack of safety and respect. Small children live in the neighborhood. Back in January I asked to amicably end the lease with the landlord and property manager which they stuck it to me but now that I am more vocal about my displeasure with the gate being left open and repairs to performed they now want to evict me. I am happy to leave but do not want anything against my name for an eviction also the property manager files an injunction against harassment against me which is a joke but now I have to deal with that as well. Please advise. Thank you
Expert:  MDLawyer replied 12 months ago.

Hi again. I'm sorry but it looks like we are having some communication issues. I read what you initially wrote and it looks like you copied and pasted it again. I have read what you wrote but need to know exactly what legal information you are seeking. Please remember that we cannot give legal advice but can only provide you with legal information. To that end, please let me know what legal information you are seeking. Thank you.

Customer: replied 12 months ago.
Please advise if you can provide our tenant rights to fight the eviction notice as we are going to court tomorrow to defend ourselves. Please advise.
Expert:  MDLawyer replied 12 months ago.

If the reason they are beginning the eviction process is due to what you call harassment, then you would need to dispute that in court. If you are alleging that there is a safety issue, then you need to bring with you proof of the safety issue and proof of your communications to the landlord about this safety issue. You also mention repairs that they have not completed. You would also need to bring proof of your written requests for repair along with any photos or proof of the need for repair. The court will then look at the evidence on both sides and determine whether or not you have violated your lease in any way.

Expert:  MDLawyer replied 12 months ago.

Please let me know if you need any additional information.

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