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My son has a lease that expired 1/31/2018 and is now on a…

My son has a...

My son has a lease that expired 1/31/2018 and is now on a month to month. He gave notice to vacate on 1/9/18 and needed to provide 60 days, which is why the month to month occurred. The lease states that the month to month rate will be the previous rent plus 10%. When he tried to pay the February rent, the front office at the apartment complex refused it stating that they were under new management company and that the rate for month to month was 1300. His previous rent was $835. The management put an eviction and court notice on his door and we went to court this morning at 8:45. The attorney there has the lease and said that we needed to go to trial now since we are disputing the amount owed. We had the cashiers check for February and what we believed to be the amount for March (prorated) with us at court, but the judge issued a trial date for this Thursday at 10:30. We need help on this one.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

AZ

Lawyer's Assistant: Has any paperwork been filed?

Only by the apartment company, which is why we attended court today. We thought it would be resolved today. I never thought it would go to trial. I have a copy of the lease. They said they notified the residents of the new management company by putting notices on doors, but we never signed anything. The only document we have signed is the current lease we have

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Answered in 39 minutes by:
3/6/2018
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,441
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Can you tell me what you are specifically concerned about?

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Customer reply replied 5 months ago
The landlord is requesting rent that is 400 more than what my lease stipulates. They have filed in court to collect and now want 1900 because of fees. My lease does not state that. I want to pay what is in my legal lease papers.

I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The landlord can raise rent or decrease services only by giving proper notice. In regard to a month-to-month, your landlord must give written notice at least thirty (30) days prior to the date the rent is due. If rent is due the first of each month and notice is given mid month the change does not take effect until the following 1st of the month. So a April 15 notice takes effect until June 1.

The landlord must prove that proper Notice was given. The landlord may deliver a copy of the notice to you personally.

The landlord may mail the notice to you, with proper postage and addressed to you at the rental unit.

It sounds like you are in good shape in that the only written document sets the rent as specified in it (the lease).

Your son will have to testify that he was told what the rent payment was and that they changed it after he relied on their statements.

Also he might suggest to the Court that the landlord has actedin bad faith by not accpeting the payment for the rent that proper notice was given for and that they are refusing to mitigate damages by running up attorneys fees and costs where a good faith offer to make payment was given.

Here are some resources for you:

http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml

https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

See:

Arizona Civil Code Section 827(b)(1)(A)

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Here is the Arizona law on what constitutes Notice:

https://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01313.htm&Title=33&DocType=ARS

Print this and take it with you to court.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,441
Experience: Over 30 years of experience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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