You have received a Notice of Material and Irreparable Breach
If a tenant receives a Notice for Material & Irreparable Breach, it means the landlord plans to ask the court for permission to kick the tenant out of their home right away.
Notice
The landlord must describe exactly how, where, and when the tenant materially and irreparably violated the rental agreement.
Mobile Home Parks Act: A.R.S. § 33-1476(A) | A.R.S. § 33-1476(D)(3)
RV Parks Act: A.R.S. § 33-2143(D)(3) | A.R.S. § 33-2143(A)
A Notice is not an official document from the court and does not need to be signed by a Judge or notarized.
Eviction Complaint & Summons
R.P.E.A. Rule 5(a)
The date of the court hearing will be no more than 3 days after the date the Summons is issued by the court.
A.R.S. § 33-1377(B)
The date of the court hearing will be 3-6 days after the date the Summons is issued by the court.
A.R.S. § 33-1485(B)
A Complaint tells the court what the landlord or property manager believes the tenant did to violate the lease or rental agreement.
A Complaint for Material and Irreparable Breach filed in court by the landlord must include:
The date the tenant was served or given the required Notice.
How the tenant was served or given the required Notice.
If the tenant’s rent is subsidized, a statement indicating that the tenant’s rent is subsidized.
R.P.E.A. Rule 5(b)(7) | R.P.E.A. Rule 5(b)(8)
A statement describing in detail how the tenant materially and irreparably violated the rental agreement, including the date(s), time(s), and location(s).
R.P.E.A. Rule 5(d)(2)
Once the landlord or their attorney files the eviction complaint with the court, the court will issue a summons to the tenant.
A summons is an official notice of a lawsuit. A summons provides information about the landlord’s complaint and details about the hearing so the tenant can go to court and respond to the complaint.
A copy of the Notice that the landlord gave to or posted for the tenant.
A copy of the Residential Eviction Information Sheet (or another document containing the same information).
A copy of any items on the lease or rental agreement and/or any lease addendums (add-ons or changes) that are directly related to the landlord’s claims against the tenant.
If the landlord claims the tenant owes unpaid rent, a copy of a financial record showing the tenant’s charges and payments for the prior 6 months.
Responding to the Landlord’s Complaint
Answer
There is a fee for filing a written Answer, but the tenant may file a Fee Waiver/Deferral at the same time and ask not to pay the fee due to financial hardship. There is no fee required when the Answer is brought in open court.
The tenant can Answer the landlord’s Complaint in two ways:
R.P.E.A. Rule 7
R.P.E.A. Rule 11(b)
Violations of Arizona’s laws or rules include:
Counterclaim
A.R.S. § 33-1365
If the tenant is responsible for a material and irreparable, a counterclaim may not be considered by the court.
If the tenant wants to make a Counterclaim:
The tenant delivers a court-stamped copy of the Counterclaim to the landlord before the court hearing
The tenant appears at the court hearing to tell the judge why the court should grant the Counterclaim.
Before the Hearing
If your landlord agrees to stop the eviction, the written agreement between you and your landlord should include a promise by the landlord to ask the court to dismiss the Complaint.
R.P.E.A. Rule 9(f)
A stipulated judgment is a judgment evicting the tenant without a hearing.
It is called a “stipulated” judgment because both the landlord and the tenant agree (or “stipulate”) to whatever the judgment says without waiting to argue their cases in front of the Judge.
Every stipulated judgment must include the following written warning to the tenant
1. The landlord’s attorney is not a court employee.
2. By signing, you are consenting to the terms of a judgment against you and the landlord’s attorney will now be able to evict you.
3. You may have your wages garnished and the judgment may appear on your credit report.
4. You may lose your right to subsidized housing.
5. You may NOT stay at the property, even if the amount of the judgment is paid in full, unless you get the agreement in writing or get a new written lease or rental agreement.
R.P.E.A. Rule 13(b)(4)
Preparing for an Eviction Hearing
To prepare for your eviction hearing:
Learn about your rights and options.
Decide if you want to settle, go to court, or file an Answer.
You can try to negotiate a settlement with your landlord before the hearing in exchange for getting the case dismissed. If you make a deal, get everything in writing. You should still attend your hearing, to make sure the case is dismissed. Be careful if signing a “stipulated judgment”. A stipulated judgment means you are agreeing that you owe a certain amount of money and you agree to leave the property.
Going to Court
If you leave your home without going to court, the case does not go away. If you do not attend the hearing, you will likely automatically lose and receive a default judgment.
Raise Defenses and File an Answer
If you have a defense, you have three ways to tell the court:
File formal documents with the court before your hearing.
Bring formal documents with you to your hearing.
Tell the judge your story without any documents.
If you will go to court, prepare documents and evidence and make a plan to attend.
If you plan to share documents or evidence, make sure to provide copies to the landlord or their attorney and the judge.
Put the court date in your calendar and set a reminder or alarm to arrive on time. Understand how the hearing will be held and what options are available to attend.
If attending by telephone or video conference, try to find a quiet place to connect to the hearing, understand how the phone or video conference system works to mute and unmute yourself, and make sure your device or computer has enough battery or charge. If attending in person, try to arrive at the court 30 minutes before the hearing is supposed to start and listen for your name and case number.