Eviction help. Tenant is using habitability as excuse

Investor · Memphis, TN · Member since 2026 · 12 posts · 11 votes

14 SFH in Memphis, self-manage all of them, filed plenty of these in Shelby County General Sessions over the years. AZ rules are different so listen to your attorney on procedure, but the universal stuff still applies and your timeline is actually working for you.

Print everything. Original mold complaint date in February, the inspection notes when you found nothing, every text from tenant about using tax money for rent, the plumber and septic invoices with dates, the mold test order, the lab results. The judge needs to see a landlord responding inside a day or two on every real maintenance issue. That kills the slumlord narrative they're trying to build.

The two month gap on the original mold complaint is the part I would lean on. Tenant raised it once, you came out, then nothing for six weeks until they had a non-payment problem. Habitability defenses get weaker when the complaint reappears only after the rent stops. Judges see that pattern.

One thing to ask your attorney about: in a lot of states the judge can require the tenant to pay undisputed rent into court while a habitability counterclaim is being sorted. If your tenant can't put up the money, that hurts their good-faith argument. Worth knowing whether AZ does that.

Hope that helps. Get some sleep before Wednesday.

3 Reply

Albert Johnson
OP
Member since 2022 · 115 posts · 22 votes
6mo
Quote from @Nate Sullivan:

14 SFH in Memphis, self-manage all of them, filed plenty of these in Shelby County General Sessions over the years. AZ rules are different so listen to your attorney on procedure, but the universal stuff still applies and your timeline is actually working for you.
Print everything. Original mold complaint date in February, the inspection notes when you found nothing, every text from tenant about using tax money for rent, the plumber and septic invoices with dates, the mold test order, the lab results. The judge needs to see a landlord responding inside a day or two on every real maintenance issue. That kills the slumlord narrative they're trying to build.
The two month gap on the original mold complaint is the part I would lean on. Tenant raised it once, you came out, then nothing for six weeks until they had a non-payment problem. Habitability defenses get weaker when the complaint reappears only after the rent stops. Judges see that pattern.
One thing to ask your attorney about: in a lot of states the judge can require the tenant to pay undisputed rent into court while a habitability counterclaim is being sorted. If your tenant can't put up the money, that hurts their good-faith argument. Worth knowing whether AZ does that.
Hope that helps. Get some sleep before Wednesday.

Yes this helps a lot. Will use the timeline to my advantage. Also i am representing myself and not using a lawyer.

Also this is a 1 bedroom dwelling. Originally when the lease was first signed, it was just the tenant and 3 kids. 3 teenagers. I allowed the occupancy. Later I kept catching the spouse over there all the time and noted they were violating the lease.

I finally added the spouse on their lease renewal. So fast forward into the lease the tenant has a baby. Now they are up for eviction they noted they are having another baby.

It seems like the occupancy will and is having a strain on certain things such as mold in the bathroom due to too many people taking showers and possibly causing the sump pump to burn out.

Seems hard to prove but maybe I can use occupancy over crowding which can be a safety issue as well.

In Arizona reasonable occupancy is usually 2 per bedroom.

https://www.azleg.gov/ars/33/01317.htm
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Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes

6mo

Why did you wait so long to start eviction?

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Albert Johnson
OP
Member since 2022 · 115 posts · 22 votes
6mo
Quote from @Drew Sygit:

Why did you wait so long to start eviction?

I should have started earlier but there was no reason to believe they wouldn't pay until we hit the second month. They have been there 2 years I should have done things differently. Lesson learned.
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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
6mo
Quote from @Albert Johnson:

Quote from @Drew Sygit:

Why did you wait so long to start eviction?

I should have started earlier but there was no reason to believe they wouldn't pay until we hit the second month. They have been there 2 years I should have done things differently. Lesson learned.

A VERY common mistake!
Just because you start the eviction process, doesn't mean you have to go through with it.
Starting the "clock" of the eviction process does show the tenant they have a limited amount of time to work something out.
Yes, it can get tedious with some tenants that are always behind, forcing you to send the Notice every month. That's why you want to automate the process, so it only takes minutes!
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Chris SeveneyBusiness Member

Moderator

Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

6mo

Quote from @Albert Johnson:

Hi I own a rental in Arizona. Tenant has not paid rent in 2 months. It is now going on 3. I sent a 5 day notice to pay. And had eviction court over the phone today. The judge scheduled us for a trial hearing on Wednesday. The tenant is using a habitability issue as reason for non payment.

Here is a timeliness of events.

Beginning of February tenant complain of mold in bathroom.

I went to inspect and found no mold in the bathroom.

Time goes by with multiple conversations nothing about habitability or mold.

tenant kept saying they will use tax money to pay rent, but never paid

March 20 tenant contacts me about a backup. I immediately called the plumber. The plumber said the septic was full. We called our septic contractor the same day and they cleaned it out.

2 days later they said water pump not working and they still have the backup in an closet entry / living room. This is where a water pump is located.

We called the plumber the same day and the plumber stated they would be there the nreplace. They also stated mold in bathroom. I told them we would get it fix.

area where damage was was cleaned out.

The next day the plumber said the pump overheated and needs to be replace. The next day plumber had a smaller replacement that didn't fit. 2 days later he came with correct part.

as this was completed I ordered mold test from a license company on Thursday April 2nd. to test for mold throughout the house including bathroom, to assess how to treat. It usually takes 2 to 3 days because they send it to the lab.

finally got the test back today on the same day after my court hearing.

So I arrange to have mold repairs done including moving sump to an outside location. My contractors wanted to come tomorrow morning to start work, but they are making excuses saying they need to go to the doctor because they are sick. They said Thursday at 3pm they will be available which is the day after court.

Anyone has experience with this or advice?

thanks

This is for everyone else - this is 100% the reason why people should use a property manager.

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Jim Johnson

Real Estate Agent · Memphis · Member since 2026 · 606 posts · 353 votes

6mo

Situations like this usually come down to documentation and response time — not just whether the issue exists but how it was handled.

Based on your timeline, the key points are:
• You responded to the septic issue immediately
• You engaged licensed vendors and followed through on repairs
• You ordered independent mold testing rather than ignoring the claim

That generally works in your favor because habitability defenses tend to hinge on whether the landlord failed to act within a reasonable timeframe.

Where these cases can get complicated is access. If the tenant is delaying or restricting entry for repairs that can weaken their position — but only if it's clearly documented (dates, messages, missed appointments).

At this stage, I’d focus on:
• Having a clean, chronological record of events and communications
• Vendor invoices, reports, and the mold test results ready to present
• Proof of attempted access and scheduling for repairs

Judges are usually looking for whether the issue was addressed in good faith and with reasonable urgency — not perfection.

The fact that you're actively moving forward with remediation also helps even if it's still in progress.

0 Reply

Albert Johnson
OP
Member since 2022 · 115 posts · 22 votes
6mo
Quote from @Jim Johnson:

Situations like this usually come down to documentation and response time — not just whether the issue exists but how it was handled.

Based on your timeline, the key points are:
• You responded to the septic issue immediately
• You engaged licensed vendors and followed through on repairs
• You ordered independent mold testing rather than ignoring the claim
That generally works in your favor because habitability defenses tend to hinge on whether the landlord failed to act within a reasonable timeframe.
Where these cases can get complicated is access. If the tenant is delaying or restricting entry for repairs that can weaken their position — but only if it's clearly documented (dates, messages, missed appointments).

At this stage, I’d focus on:
• Having a clean, chronological record of events and communications
• Vendor invoices, reports, and the mold test results ready to present
• Proof of attempted access and scheduling for repairs
Judges are usually looking for whether the issue was addressed in good faith and with reasonable urgency — not perfection.
The fact that you're actively moving forward with remediation also helps even if it's still in progress.

Thanks I followed through with all you said. All printed and documented even text messages.

I even have prior move in photos showing habitability of the place.

and found a message where they praise me as one of the best landlords for taking care of issues and getting things fixed here.

Yesterday we requested to come complete more work for the same problem, but the Tenant wouldn't allow immediate repairs today. They said the have to go to the doctor.

It was based on test results. They said I need 48 hour notice, which really shouldn't apply since they made the repair request and needs immediate attention based on habitability.

But hopefully I win in court

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Greg MalangaPro Member

Property Manager · Member since 2026 · 10 posts · 8 votes

6mo

Every single issue that was reported you addressed same day. Septic backup March 20 — plumber called March 20, septic pumped March 20. Pump failed — plumber out next day. Mold concern — licensed test ordered within days. That’s textbook landlord diligence. Arizona law requires landlords to make repairs within a “reasonable time” and you’ve been inside that window on every item it seems.

on Wednesday bring every text message and call log showing your response times. Print them out chronologically. Plumber invoices with dates. Septic contractor receipt with date. The mold test order confirmation showing you ordered it April 2. The mold test results. Your contractor’s availability for remediation and the tenant’s response pushing it to Thursday. And if you inspected the bathroom in February and found no mold, any photos or notes from that visit.

Good luck Wednesday. You’ve handled this the right way.

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2 Reply

Albert Johnson
OP
Member since 2022 · 115 posts · 22 votes
6mo
Quote from @Greg Malanga:

Every single issue that was reported you addressed same day. Septic backup March 20 — plumber called March 20, septic pumped March 20. Pump failed — plumber out next day. Mold concern — licensed test ordered within days. That’s textbook landlord diligence. Arizona law requires landlords to make repairs within a “reasonable time” and you’ve been inside that window on every item it seems.
on Wednesday bring every text message and call log showing your response times. Print them out chronologically. Plumber invoices with dates. Septic contractor receipt with date. The mold test order confirmation showing you ordered it April 2. The mold test results. Your contractor’s availability for remediation and the tenant’s response pushing it to Thursday. And if you inspected the bathroom in February and found no mold, any photos or notes from that visit.

Good luck Wednesday. You’ve handled this the right way.

Tenant this morning wants to terminate lease in writing and hand in keys. They want to move out by May 25 showing no amount owed or due.
How should I handle this?
I really want the tenant out.
0 Reply
Greg MalangaPro Member
Property Manager · Member since 2026 · 10 posts · 8 votes
6mo
Quote from @Albert Johnson:

Quote from @Greg Malanga:

Every single issue that was reported you addressed same day. Septic backup March 20 — plumber called March 20, septic pumped March 20. Pump failed — plumber out next day. Mold concern — licensed test ordered within days. That’s textbook landlord diligence. Arizona law requires landlords to make repairs within a “reasonable time” and you’ve been inside that window on every item it seems.
on Wednesday bring every text message and call log showing your response times. Print them out chronologically. Plumber invoices with dates. Septic contractor receipt with date. The mold test order confirmation showing you ordered it April 2. The mold test results. Your contractor’s availability for remediation and the tenant’s response pushing it to Thursday. And if you inspected the bathroom in February and found no mold, any photos or notes from that visit.

Good luck Wednesday. You’ve handled this the right way.

Tenant this morning wants to terminate lease in writing and hand in keys. They want to move out by May 25 showing no amount owed or due.
How should I handle this?
I really want the tenant out.

First, do NOT just accept the keys and call it done. Even when a tenant hands you exactly what you want (a voluntary departure), a sloppy exit can come back to bite you. Here’s the playbook:
Get a signed Mutual Lease Termination Agreement. Their written notice is step one, but you need a document both parties sign that covers: the agreed termination date (May 25), what’s owed (pro-rated rent through that date, or nothing — your call), security deposit return terms and timeline per your state law, the condition you expect the unit returned in, and mutual release of claims going forward. This is the document that protects you if they later claim constructive eviction, try to claw back deposit money, or say you forced them out.
Decide what to charge — and keep the goal in mind. They broke the lease, so technically you could enforce an early termination fee if your lease has one. But you want them gone. Don’t let $500 turn into a standoff that keeps a bad tenant in your unit for two more months. If waiving the fee gets you a signed agreement and the keys on May 25, that’s a win. A vacant unit you can turn and re-rent at market rate is almost always worth more than squeezing a departing tenant.
Tenant wants to leave and you want them gone? That’s alignment, not a problem. Just don’t treat it casually. A five-minute termination agreement saves you from a five-month headache. Protect yourself on paper, make the financial terms easy enough that they actually sign, and get your unit back.

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Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

6mo

4 people in a 1 bedroom sounds cozy (well now 6, soon to be 7)-not sure what the occupancy rules are, but it is time they moved on especially if they can't pay rent and are about to have 5 kids. Good luck tomorrow.

1 Reply

James JonesPro Member

Investor · Collierville, TN 38017 · Member since 2017 · 934 posts · 638 votes

6mo

You’re doing the right things, and based on your timeline, you’ve shown strong and reasonable effort to address the issues. In situations like this, documentation and responsiveness are what matter most.

Here’s how this typically plays out and what you should focus on:

1. You acted promptly on maintenance issues

You inspected the mold complaint in February and found no visible issue.

When the backup was reported on March 20, you contacted a plumber immediately and had the septic serviced the same day.

You followed up on the pump issue without delay, even with parts and scheduling challenges.

You ordered a professional mold test and are now arranging licensed remediation and relocating the sump system to prevent future problems.

From a court’s perspective, this shows you did not ignore the problem, you responded quickly and in good faith.

2. Habitability claims don’t automatically excuse nonpayment

In Arizona, tenants generally cannot just stop paying rent because of a maintenance issue unless they follow very specific legal steps, such as proper written notice and using remedies allowed by statute. Based on your timeline, the nonpayment began before the major plumbing issue and continued despite your efforts to resolve concerns. That weakens the tenant’s defense.

3. Bring strong documentation to the hearing

For your trial, make sure you have:

The 5-day notice to pay or quit

Rent ledger showing missed payments

Texts, emails, or messages about mold, the backup, and repair coordination

Invoices and statements from the plumber and septic contractor

Mold inspection report from the licensed company

Proof of scheduled remediation and sump relocation

This demonstrates that:

The property owner responded promptly.

Repairs were actively in progress.

The tenant’s nonpayment was not justified by landlord neglect.

4. Tenant delaying access can work in your favor

You offered to begin mold remediation immediately, and the tenant postponed access until after the court date. That’s important. If a tenant claims habitability issues but delays or refuses timely repairs, it undermines their argument.

Document their message about being unavailable due to illness and your attempt to start work sooner.

5. Stay focused on the core issue: nonpayment of rent

At the hearing, keep your message simple and factual:

Rent has not been paid for nearly three months.

You responded promptly to all maintenance concerns.

Professional services were engaged, and remediation is scheduled.

The tenant did not follow proper legal procedures to withhold rent.

Judges typically look for whether the landlord acted reasonably and in good faith. Your timeline supports that.

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David PeschioBusiness Member

Richmond, VA · Member since 2019 · 358 posts · 181 votes

6mo

Do some research and come up with a process that you use every time. You should be consistant with your notices and how you proceed. This keeps you out of any fair housing complaints. Excuses do not matter - As @Drew Sygit said - automate the process and follow it every time.

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Marc Winter

Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 3k+ votes

6mo

@Nate Sullivan gave excellent advice--exactly how we've handled evictions since 2008, and have not lost a case yet. (Managed 300+ doors, many in C or C- areas. Connect the dots...).

In addition, take photos and bring them to court. Subpoena the contractors to testify if necessary, or get them to notarize their sworn statement.

Be prepared with all the paperwork, financials, photos and any other documentation.

You'll be fine. Your future-ex tenants are fraudulently trying to fit into a legitimate defense. Important: remember to record in your county the final monetary judgment when you receive it.

3 Reply

Albert Johnson
OP
Member since 2022 · 115 posts · 22 votes
6mo
Quote from @Marc Winter:

@Nate Sullivan gave excellent advice--exactly how we've handled evictions since 2008, and have not lost a case yet. (Managed 300+ doors, many in C or C- areas. Connect the dots...).
In addition, take photos and bring them to court. Subpoena the contractors to testify if necessary, or get them to notarize their sworn statement.
Be prepared with all the paperwork, financials, photos and any other documentation.
You'll be fine. Your future-ex tenants are fraudulently trying to fit into a legitimate defense. Important: remember to record in your county the final monetary judgment when you receive it.

Thanks for all the input. Tenant was evicted at court with a writ this Wednesday.
0 Reply

Patrick O'SullivanBusiness Member

Property Manager · Phoenix, AZ · Member since 2024 · 551 posts · 210 votes

6mo

Glad it worked out in court. From your timeline, the key was that you consistently acted fast and documented everything. You addressed each issue right away, brought in professionals, and even ordered a mold test, which shows good faith.

The rent issue also started before the bigger maintenance problems, which makes the habitability argument weaker. On top of that, the tenant delaying access for repairs doesn’t help their case.

Main takeaway going forward is just to start the notice process earlier to stay ahead of nonpayment. Everything else on your end sounds like it was handled the right way.

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Nate Sullivan

Investor · Memphis, TN · Member since 2026 · 12 posts · 11 votes

6mo

Good. The timeline was on your side from the start, sounds like the judge saw it the same way. Now get that unit turned and a better tenant in there.

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Evan McCluney

Member since 2026 · 5 posts · 0 votes

6mo

Sorry you’re dealing with that. For a habitability defense, I’d focus on clear documentation and timelines rather than debating opinions. Organize your evidence for trial, including the 5-day notice, rent ledger showing unpaid months, texts/emails about payment, inspection photos, invoices for repairs, and any messages showing delays or refusal of access. The key is to show that they were already behind on rent, you responded quickly to repair issues, and you're actively trying to complete remediation but need access.

Be cautious not to refuse repairs due to the eviction. Keep offering access dates in writing. If they delay, that becomes part of your record. Since the hearing is soon and they raised habitability, it’s a good idea to consult an Arizona landlord-tenant attorney, even for a quick consult, to ensure your evidence is organized correctly.

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Eviction help. Tenant is using habitability as excuse

Eviction help. Tenant is using habitability as excuse

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