Phoenix, AZ asked in Landlord - Tenant for Arizona

Q: I was evicted on the 18th of January filed by my landlords on the 18th we received no court date to go to by the constab

We were given 7 days by the constable to vacate the premises even though they should have refilled the entire start all over again and file non compliance to vacate. The judgement from the court on October 12, 2023 was that the judge stipulated they by the date of January 15 th if they haven't filed even if we are t moved out but that if they do not file for enforcement to vacate by the date of of December ber 32, 2033 that the case would be closed and mithing more cdn be done about it unless they want to start all over again and file for non-compliance of not vacating the premises

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

A: If you were evicted on January 18 but did not receive a proper court date, this could be an issue with due process. Landlords typically need to provide tenants with adequate notice and the opportunity to appear in court. If this didn't happen, it could be a violation of your rights. It's important to review the eviction laws in your area, as they vary by location.

According to the details provided, if the landlords did not file for enforcement to vacate by the stipulated deadline, they may be required to start the eviction process over. This could mean that the eviction carried out on January 18 may not have been valid. However, this will depend on the specific wording and interpretation of the court order and local laws.

You should consider consulting with a legal advisor or a tenants' rights organization for personalized advice and possible representation. They can help you understand the legal nuances of your situation and what steps you can take next. It’s also advisable to gather all related documentation, such as the eviction notice, court orders, and any communication with your landlords, as these will be crucial in any legal proceedings.

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