An afternoon in the eviction court

PHOENIX – “Do you swear and affirm that your testimony will be true, the whole truth?” Presiding Judge Anna Huberman asks this question again and again.

When it’s Wednesday, Judge Huberman is usually in a Maricopa County court trying to decide eviction cases.

“We’ve hit historic numbers,” Huberman said as the Let ABC15 Know team spent an afternoon in the courtroom.

There is a lot of activity, with over twenty eviction proceedings scheduled for the afternoon.

“It seems like we’re exceeding the number of enrollments every month,” Huberman said.

In Maricopa County alone, 7,903 new eviction lawsuits were filed in July, the third-highest number of lawsuits ever recorded.

So far this year, more than 50,100 new eviction lawsuits have been filed.

If this trend in monthly eviction filings continues, 2024 will break the all-time record for eviction filings.

Go behind the scenes with ABC15’s Garrett Archer as he analyzes eviction data.

This means that tens of thousands of renters will have to leave their homes and try to find affordable accommodation.

Judge Huberman says the courts have seen a slow and gradual increase in eviction filings since the COVID-19 pandemic protections ended. But that slow increase can lead to some frightening numbers.

According to court records, the number of eviction filings increased 21% in 2019 compared to pre-pandemic levels.

“I also had expenses, I had to buy groceries,” one tenant explained in court when giving reasons for not paying rent. Another tenant explained that “her father’s business went bankrupt” and they could no longer afford the rent.

Unfortunately, non-payment of rent due to hardship is not a legal reason.

Huberman says when someone appears in her court, they are often facing other challenges – like job loss or a sudden medical diagnosis.

“There are so many things that affect them, you know? I just try to show them as much empathy as I can,” she explains.

Most tenants do not know how the eviction process works until they are confronted with it. At that point, tenants are under time pressure.

If you think you’re behind on rent, Huberman recommends speaking to your landlord before the missed payment. Be sure to get all agreements in writing. Once an eviction notice is filed, things can get more difficult.

“Once a case is pending in court and the landlord accepts any kind of payment from the tenant, they cannot continue the legal process. So landlords no longer talk to tenants once a case is pending,” explains Huberman.

If you fall behind on your payments before a judgment is signed, your case may be dismissed and the record may not appear on your file.

“Arizona law speeds up the eviction process, leaving very little time to intervene and change the outcome,” Huberman said.

When a tenant has failed to make payments, a judgment is signed in favor of the landlord. According to court records, the average amount of the judgment signed is more than $3,100.

Once a landlord obtains a judgment, the tenant cannot remain in the rental unit unless he or she makes an agreement with the landlord. Any agreement after the judgment should be in writing and signed by both parties.

When you vacate a rental property, it is essential that you hand over the keys in person. As long as the landlord does not have the keys in his possession, the tenant is technically still in the apartment and paying the daily rent.

Tenants can ask the landlord to seal the suitcase so that it does not appear in their rental history.

Tenants can win lawsuits if they can prove that the landlord did not follow strict eviction procedures before and after the lawsuit was filed.

This includes a five-day notice to pay before an eviction suit can be filed.

It gives tenants the opportunity to pay, work out a plan, or move out.

As soon as a tenant believes they will have trouble paying rent, they should seek help. Don’t wait until an eviction case has been filed to apply for help. Check with your city, county and state for assistance programs.

Huberman says tenants sometimes make decisions that harm them, such as withholding rent until the landlord makes repairs.

“They (tenants) go to court because they haven’t paid their rent and they want to complain about their air conditioning, or you know, the toilet that doesn’t work. But this is not the time to do it. They should have done something at a different time and in a different way,” she says.

If you want to stay in your apartment, follow the rules for reporting repair problems, pay the rent and take care of the refund separately.

The Arizona Attorney General’s Office has more information about your rights as a tenant.

After everything she has experienced in the judicial system, Huberman’s most important advice is: Be prepared and know your rights.

“I think everyone should be informed before the process starts. No one has an incentive to deal with it until you’re in the middle of the process, and sometimes it’s too late,” Huberman said.

Communication with the landlord is also very important. She recommends that every tenant read the entire rental agreement before signing it, even if it is tedious.

“I can understand that everyone is bored after page two, but then somewhere on page 20 in the bottom paragraph there is something that was written there and you come back to it,” Huberman said.

Maricopa County Courts provide additional information on the process for filing an eviction lawsuit, including how notices and summons must be served and what they must contain.

AZEvictionHelp.org is also a resource for tenants with eviction questions.

Community Legal Services provides free legal assistance to tenants facing eviction who meet the requirements.