Golden Valley, AZ asked in Real Estate Law for Arizona

Q: As the defendant in a Quiet Title action, do I need to ask for a stay if an unlawful detainer is in complaint

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1 Lawyer Answer
Joseph Holland
Joseph Holland
  • Snowflake, AZ
  • Licensed in Arizona

A: You would ask for a stay only when the status quo must be maintained to avoid immediate and irreparable harm AND you can show a strong likelihood of prevailing. I gather from your question that you are being sued with at least 2 counts: Count 1 is stating that you have refused to turn over possession, and Count 2 is seeking to have title declared in the Plaintiff's name. Whether to ask for a stay depends upon whether their complaint is filed as a summary proceeding or whether they filed an eviction action ancillary to this lawsuit. If this is simply filed as a general civil complaint, nothing will happen to your tenancy until they prevail on the merits, so no stay will be necessary in the interim.

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