Finding a place in Maricopa County?s competitive rental market can be a challenge.? Having a formal eviction on your record can make matters much more complicated.? In this situation, there may be a remedy for a tenant who believes he or she has been unfairly forced to leave their rental property. Here is how to appeal your Phoenix eviction:
In Arizona, home and apartment leases are governed by the Arizona Residential Landlord and Tenant Act. ?This Act sets out what is required of tenants and landlords during the rental relationship.? If the landlord believes you have violated your lease, they will cite to the specific grievance and violation that typically aligns with one of your duties under the Act.? He or she can then move towards evicting you from the residence.
Arizona?s eviction laws, ARS ?? 12-1171 thru 1183 and Arizona Rules of Procedure for Eviction Actions establish the rules and requirements the parties must follow during an eviction case. In many cases, a landlord will file for eviction when a tenant has not paid his or her rent. However, a court may grant the requested relief for other breaches such as committing a crime on the property or having unauthorized residents.? If your landlord is successful and obtains an eviction judgment, you have the option to appeal.
Appeal from an Eviction Judgment
You can appeal your eviction judgment to superior court. To do so, you must file a notice of appeal and designation of the record within five days from the judgment in a standard case. The timeline is sooner with an immediate eviction. You must also either pay an appeal fee or request that the court waive the fee.? You also have to post a bond or file an affidavit instead on the bond.
If you want to stop the landlord from being able to carry out the eviction judgment to collect money and stop the physical eviction, you will also have to file two separate supersedeas bonds, one for each action.
Importantly, you will have to continue paying rent on time to the court while the appeal process is pending. The court will give you a deadline to file your appeal memorandum, and you will be expected to provide arguments and cite to evidence as to why the underlying eviction judgment was improper.? After both sides get a chance to make their case, the court will issue its decision.
Appealing an eviction can be a complicated and challenging task.? Often, managing landlord-tenant disputes before they escalate to the point of eviction is the best course of action.? Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who has the expertise to help you problem-solve issues at every stage of the landlord-tenant relationship.? If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.