You have received a Notice of Nonpayment for a recreational vehicle in an RV park or mobile home park
Notice of Nonpayment
The amount of money the tenant owes can include rent, late payment fees, and any other charges described in the lease or rental agreement.
Under the RV Act, the landlord cannot begin to charge late fees until at least the 5th day after the tenant’s rent is due. If rent is due on the 1st of the month, the landlord can only start charging a daily late fee on the 6th of the month.
A.R.S. § 33-2105(A)(2)
Under the RV Act, the daily late fee for recreational vehicle rentals cannot be more than $5.00.
A.R.S. § 33-2105(A)(2)
If you are not sure what late payment fees or other charges are allowed, check your lease or rental agreement paperwork.
A.R.S. § 33-2143(E)
R.P.E.A. Rule 3(c)
R.P.E.A. Rule 3(a)
The landlord must deliver the Notice to the tenant in one of two ways:
A.R.S. § 33-2102(12) | R.P.E.A. Rule 18(f)
A Notice is not an official document from the court and does not need to be signed by a Judge or notarized.
If a landlord has provided you with a 5-day Notice to pay rent, you have options:
1. Pay the entire amount listed in the Notice before the 5-day period ends.
If the 5-day period ends without a full payment being made, the landlord may file an eviction Complaint against the you. You will have to pay the entire amount plus any late fees, court costs, and attorneys’ fees that may be added onto the total owed.
A.R.S. §33-2143(E)
If you are able to pay off the full amount owed, attorney fees incurred by the landlord, and court costs BEFORE the judgment is brought, you may be able to have the rental agreement reinstated.
A.R.S. §33-2143(E)
2. Make a new payment arrangement with the landlord.
R.P.E.A. Rule 19 (c)
A.R.S. § 33-2105(J)
Eviction Complaint & Summons
R.P.E.A. Rule 5(a) | 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 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)
If the landlord is asking for money the Complaint must also include:
The date(s) when the tenant’s rent was due.
How much rent was due on each date.
How late fees are calculated according to the lease or rental agreement.
The total amount owed by the tenant on the date the landlord filed the eviction Complaint.
If the rent is subsidized - a breakdown of the total amount of the rent each month, the tenant’s portion of the rent, and how much the tenant owes.
R.P.E.A. Rule 5(c)(1-5, 8)
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.R.S. § 33-1485(B)
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 wants to legally have the tenant evicted for Nonpayment of 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. § 33-2123 | A.R.S. § 33-2141
This might include problems with electricity, heating and cooling, insect or pest infestations, leaky pipes, or other unsafe conditions.
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.