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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19625
Experience:  B.A.; M.B.A.; J.D.
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My 81 years old mom had been living on Section 8 housing

Customer Question

My 81 years old mom had been living on Section 8 housing program for last 17 years in the same apartment in Phoenix, Az. Her landlord just sold a property and gave her a 30 days notice to vacate. She physically can't vacate the property in such a short notice as she has no place to go. She also doesn't speak English as she is an immigrant. I am living in Eastern Europe with my family and can't come to Phoenix ontime to help her and she has no relatives in Phoenix. We requested one month extension to move but didn't receive any answer from the owner. This is urgent situation. Please help us.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Arizona
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I explained the situation in details above
JA: Anything else you want the lawyer to know before I connect you?
Customer: Please contact me asap. Email:***@******.***
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about your mother's difficulties.

Even if the Landlord is refusing to grant the extension, the Court would most likely grant it under the circumstances. Also and more importantly, your mother does not have to move out in 30 days.

There is no self-remedy to eviction actions in Arizona. This means that the Landlord cannot force your mother out, change the locks or shut off her utilities in order to force her out without a Court Order. The Landlord must use the Court system to accomplish the eviction. At the expiration of the 30-day notice, the Landlord must file eviction action in Court and serve your mother with the Summons and a copy of the complaint so that she can respond to it. Then a hearing would be scheduled where the Court would hear from both sides. The Court would then make a decision. If your mother is ordered evicted, she can then request for an extension to gather her things. For more information on the eviction process in Arizona, click here.

Goodluck with your case,

Customer: replied 5 months ago.
Thank you very much for quick response. Would you recommend my my to get an attorney to handle the court's document. She doesn't speak English and has disability preventing her to move around. I just would like for her to get a piece of mind that she can have a reasonable time to find another Section 8 housing, gather her belongings and move to a new place. She was so shocked by this notice to vacate that she is under tremendous amount of stress and can't even sleep at night. She feels that she is being kicked out of a place where she lived for such a long time and never missed a rent payment by one day in 17 years. In addition, the current 30 days notice expires in a very hot month of June in Phoenix and she has disabilities that make it even much more difficult to move around in such extreme tempretures.
Thank you again for your help!
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the additional information.

She can try legal services in the area to see if she can get free legal assistance. You can use this link to find one. She may also contact Arizona Bar Assication about getting free assistance or one at a reduce fee.

Goodluck with your case,

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