What is the name of your state? arizona
or I had a hearing today in an unlawful detainer action against me. The problem was the leasing agency hired an attorney. Apparently they misinformed the attorney when we arrived in court he called my name, we talked in the hall and he started yelling at me! First I stated in my reply (which I waited until the time of the hearing to serve him) alls fair it happens all the time in superior court, I stated I denied all allegations in summons and complaint bassed on the fact that it was improperly filed and was factually incorrect. Summons paragraph 6 is incorrect by stating rent is unpaid since 02/01/06. Refer to cashiers check (attachment A) dated March 7, 2006 in the amount of $888.13 signed and received by leasing agent.
If there is still a balance of rent unpaid from prior months,which the leasing agent said was a workable situation as long as rent was currently being paid in timely manor.
ARS 33-1371 Acceptance of partial payments. A. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. B. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof, with knowledge of a default by tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.
Paragraph 5 the summons states on 3/20/06 I was served proper notice persuant to law, incorporated herein by reference. which I have no idea what's supposed to have been served. There is no affid of service. If it was a 5 day notice that was sent then it was improper it was never hand delivered or served, rent was not due for 11 days and March was paid. I did recieve a letter in the mail dated 3/06/06 which said it was a 5 day notice for march and had rent due plus past due amounts and it was recieved 3/9/06, 2 days after march rent was accepted.
Arizona rules of court state that if landlord is to request trial it must be in his original filing of summons and complaint. It wasnt due to attorneys lack of information provided by leasing agent.
1. Can I file that landlord failed to file proper request for trial therefore this matter should be dismissed for clerical error.
2. that this action should be dismissed due to improper filing and is a waste of judicial money and time.
3. If this trial is to proceed the landlord is / should be bared from recieving additional attorney fees as this would only be rewarding them for there own violations of court procedure.
In a legal dilema when your right it can cost more if you lose
or I had a hearing today in an unlawful detainer action against me. The problem was the leasing agency hired an attorney. Apparently they misinformed the attorney when we arrived in court he called my name, we talked in the hall and he started yelling at me! First I stated in my reply (which I waited until the time of the hearing to serve him) alls fair it happens all the time in superior court, I stated I denied all allegations in summons and complaint bassed on the fact that it was improperly filed and was factually incorrect. Summons paragraph 6 is incorrect by stating rent is unpaid since 02/01/06. Refer to cashiers check (attachment A) dated March 7, 2006 in the amount of $888.13 signed and received by leasing agent. If there is still a balance of rent unpaid from prior months,which the leasing agent said was a workable situation as long as rent was currently being paid in timely manor.
ARS 33-1371 Acceptance of partial payments. A. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. B. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof, with knowledge of a default by tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.
Paragraph 5 the summons states on 3/20/06 I was served proper notice persuant to law, incorporated herein by reference. which I have no idea what's supposed to have been served. There is no affid of service. If it was a 5 day notice that was sent then it was improper it was never hand delivered or served, rent was not due for 11 days and March was paid. I did recieve a letter in the mail dated 3/06/06 which said it was a 5 day notice for march and had rent due plus past due amounts and it was recieved 3/9/06, 2 days after march rent was accepted.
Arizona rules of court state that if landlord is to request trial it must be in his original filing of summons and complaint. It wasnt due to attorneys lack of information provided by leasing agent.
1. Can I file that landlord failed to file proper request for trial therefore this matter should be dismissed for clerical error.
2. that this action should be dismissed due to improper filing and is a waste of judicial money and time.
3. If this trial is to proceed the landlord is / should be bared from recieving additional attorney fees as this would only be rewarding them for there own violations of court procedure.
In a legal dilema when your right it can cost more if you lose