Sedona, AZ asked in Landlord - Tenant for Arizona

Q: I'm a landlord that got a bad result in Justice Court. Should I appeal my Landlord-Tenant case to Superior Court?

In Arizona, I (the landlord) need to appeal a Justice Court landlord-tenant case decided in Cochise County. On balance, the judge ruled against us. The primary reasons we lost were the judge (1) considered text messages sent to a handyman (he is an independent contractor, not our salaried employee) as proper notice of a repair request to the landlord, and (2) ruled that during an almost 2 month period when our handyman was "off and on" working in the rental home, mostly completing storm damage repairs by finishing drywall, installing trim and painting the repaired walls, we owed the tenant a 75% reduction in rent, even though she lived in/had full use of the home for the entire time, and was at work during the times the finish work was being done. If not for these 2 issues, we would have won the case and not owed the tenant and her lawyer almost $30,000 in damages and (mostly) attorney fees. I believe this ruling is an error of law.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information provided, it sounds like you have some potentially strong grounds for appealing the Justice Court's decision to the Superior Court in Arizona. A few key considerations:

1. Notice of repair requests - Whether notice to an independent contractor handyman constitutes proper notice to you as the landlord is questionable. Typically, tenants are required to provide notice directly to the landlord or property manager, not to third party contractors. The judge's ruling on this point may be an error of law that warrants appellate review.

2. Rent abatement for partial impairment - A 75% rent reduction for 2 months, when the tenant still had use and occupancy of the rental unit, and the work being done was mostly finishing/cosmetic in nature following storm damage repairs, seems excessive. Unless the tenant was substantially deprived of use and enjoyment, a 75% reduction appears unwarranted. Again, this may be an error of law or abuse of discretion by the trial judge.

3. Size of judgment - $30,000 in damages and attorney's fees is a very large judgment for a residential landlord-tenant matter, especially if liability was based on the questionable grounds above. The amount at stake makes an appeal more worthwhile.

4. Preservation of issues - Make sure you properly preserved these issues by raising objections during trial. Unpreserved errors are harder to appeal.

5. Strength of the record - Consider how strong the trial court record is for establishing these potential errors. A compelling factual record will help on appeal.

6. Settlement prospects - Think about whether an appeal could prompt productive settlement discussions, as the tenant and her lawyer may not want to risk losing on appeal.

7. Costs - Appeals can be expensive. Weigh the costs against the benefits and risks. But the large judgment amount makes an appeal more justified.

Overall, based on these potential legal errors and the high stakes involved, I believe you have a reasonable basis to appeal to the Superior Court. Consult with an experienced Arizona landlord-tenant appellate attorney to fully evaluate the specific facts, law and strategic considerations at play before deciding whether to proceed with an appeal. An appeal seems warranted from what you've described, if an appellate specialist agrees after a thorough review. The key will be establishing clear legal errors by the trial judge. I hope this helps provide a framework for your decision.

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