Casler Law Office, PLLC

Sample Verdict

Keenan v Biles - Written opinion issued by the Arizona Court of Appeals

Case Conclusion Date: January 1, 2001

Practice Area: Landlord / Tenant

Outcome: The court ruled in favor of the landlord and held that the eviction action could continue even though possession was no longer an issue.

Description: I represented the landlord in an eviction action. An eviction action in Arizona is a summary (expedited) proceeding that determines who is entitled to possession of the property. A landlord cannot file an eviction action if the landlord has already recovered possession from the tenant. In this case, the landlord did not have possession at the time the case was filed. After the case was filed, however, the tenants voluntarily gave possession of the rental property to the landlord. The issue that went to the Arizona Court of Appeals was whether a landlord may continue the eviction and receive a judgment for monetary amounts (i.e., rent, late fees, etc.) if possession is no longer an issue. The citation (where the full text of the case can be found) is: Keenen v. Biles, 199 Ariz. 266, 17 P.3d 111 (App. 2001). The Court said: "It seems incongruous to read the statute as ending the landlord's rights to recoup these expenses simply because the tenant gives up possession of the premises after a special detainer action was filed. To interpret the statute as the Biles suggest would essentially eviscerate the landlord's statutory protections. A tenant could hold out until a special detainer action was filed, then turn possession over to the landlord and walk away unscathed. Further, A.R.S. section 33-1305(A) states that "[t]he remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages." We, therefore, interpret sections 33-1377 and 33-1368 to allow judgment to be rendered for costs, rents, and attorney fees even though actual possession of the property may no longer be at issue." Id., 199 Ariz. at 267, 17 P.3d 112.

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