Any Legal Justification for non payment of last months rent while remaining resident?

[John Se]

What is the name of your state (only U.S. law)? Arizona

I have tenants who are unhappy with me

they have given me 30 days notice they will exit but refuse to pay the last months rent

Of course they state I have the security deposit

I claim that the security deposit is not the last months rent and as such they must pay the rent or leave within five days

They make claims like:

“We don’t like how you have tried to effect repairs so we should be allowed to stay here without paying our final month rent and live free”
“You didn’t double confirm appointments so we should be able to live in the house in May for free”
“You didn’t follow all LL tenant laws so we get to live here the month for free”
“We think you will try and screw us out of our deposit so we get to live in the house for free”
“Your repairs were inconvenient for us so we should get to live here for free”
“We have you on record that you said we take care of the house nice so we should get to live in the house for May for free”

 

[quincy]

What is the name of your state (only U.S. law)? Arizona

... They make claims like: ...

... “You didn’t follow all LL tenant laws so we get to live here the month for free” ...

What is the quoted portion all about?

 

[John Se]

What is the quoted portion all about?

Thats the reasoning my tenant is giving me for not paying the last months rent

 

[FlyingRon]

Continue with the unlawful detainer suit. Your tenants are trying to take advantage of you. None of those things are justification to not pay rent.

 

[Gail in Georgia]

Begin the process of eviction if they fail to pay rent.

Sometimes the idea that you are serious about evicting tenants who do not pay their rent gets such tenants moving to do so.

If they still argue that they should get to live their last month rent free, they can do so in front of a judge.

Gail

P.S. If you DID follow all LL tenant laws for your state, that claim (and all their others) will not hold much water in a court as justification for not paying their last month of rent.

 

[FlyingRon]

P.S. If you DID follow all LL tenant laws for your state, that claim (and all their others) will not hold much water in a court as justification for not paying their last month of rent.

Even if he DIDN'T follow the LL tenant laws, it is not grounds to think you get to skip paying rent, especially on your own initiative.

 

[quincy]

Actually, a tenant can legally withhold rent under some circumstances, which was why I asked.

The other claims by the tenants that were listed by John would not be a legal excuse for withholding rent. Withholding rent due to a landlord/tenant law violation, on the other hand, could have legal support (depending on the facts and the violation).

John can review the landlord tenant laws in Arizona to see what he needs to do now:
https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

 

[FarmerJ]

Your tenant is so full of it that if there was a way to harvest it you could sell it for cooking gas. follow thru and take them to court for non pay , because even if you dont then what is to stop them from overstaying even though they were the ones to give you notice nothing

 

[FlyingRon]

Actually, a tenant can legally withhold rent under some circumstances, which was why I asked.

Actually NO. There's a provision for withholding certain actual expenses incurred from a landlord's inaction, but unlike other states, there's no provision to escrow (or otherwise withhold) just because you're in some dispute with the landlord.

 

[quincy]

Actually NO. There's a provision for withholding certain actual expenses incurred from a landlord's inaction, but unlike other states, there's no provision to escrow (or otherwise withhold) just because you're in some dispute with the landlord.

Actually YES.

See ARS §§ 33-1321 and 33-1364.

There are reasons allowed under Arizona law for a tenant to legally withhold the paying of rent.