Steve Quayle News Alerts

Jan. 21, 2003
By Senta Scarborough, The Arizona Republic

More than 70,000 Maricopa County residents wrestled with the threat of eviction last year, and evictions from mortgaged and rented houses and apartments have climbed 40 percent since 1998, outpacing the county's population growth.

The circumstances fueling evictions run the range of demographics and human nature, Chandler Justice of the Peace Ron Johnson said.

Almost any day, tenants or homeowners can be found trying to explain to a judge why they need more time to either find the money or a new place to live.

"There are 10,000 reasons for why people don't pay their rent," Johnson said. "They all have a reason and story to tell. The plain, simple truth is, you signed an agreement."

Robert and Nancy Hollings got lucky.

The Chandler couple and their two children have an extra month to look for a place to live, but only after they secured a student loan to stave off eviction from the $140,000 home they bought a year earlier.

"We used up everything we've got and we are still facing the same situation next month," Robert Hollings, 49, said. "We have at least until February to figure out what to do. It's not a good fix, just a patch for a while."

Arizona Constables Association President Kevin Jones blames the economy.

"They are starting to become more frequent," he said. "In years past, we have always had an increase due to population and people moving in the county."

50 percent increase over year

Jones, a Chandler Justice Court constable, said his court has seen a 50 percent increase in the past year in removing delinquent owners and tenants from their homes.

"People move here expecting jobs and instead they are living paycheck to paycheck," Valley landlord attorney Andy Hull said.

Sometimes the reasons are financial, because people get sick, lose their jobs or live a lifestyle beyond their means. Others violate lease agreements.

"It is hard to define them," Johnson said. "It is usually an excuse of the human condition they have. Car payment vs. house payment . . . a million different things. Most people are victims of circumstances of their own doing or ignorance."

Earns $8 an hour as a clerk

Hollings, who holds a master's degree in public administration, works as a clerk at Circle K earning $8 an hour.

His salary, along with his wife's as a cafeteria worker at Mesa schools, just doesn't cut it. They earn $1,700 a month and face a monthly mortgage payment of $1,100.

Robert's mother lived with them and paid part of the mortgage for eight months but then moved in with other relatives.

"It changed the economic equation and it became a strain to maintain," Hollings said. "You pay the utilities, buy food and you are over budget. It's not like we are eating steaks every night either."

Linda Stoneheart, who has lived in her Mesa apartment for four years with her husband, learned a hard lesson recently.

"We never denied we owed the rent," Stoneheart said. "My husband has been out of work for so long."

But North Mesa Justice of the Peace Lester Pearce explained that if she had been given notice for non-payment and she hadn't paid the rent, he had no choice but to order eviction.

"Compassion starts with the landlord, not with the judge," Pearce said.

Stoneheart's landlord, Jon Jackson, said he worked with the couple for almost a year.

Jackson said he allowed Stoneheart to paint a mural landscape in his home to pay for her rent and even sent a box of groceries to help out.

"I tried to work with them but I think we were enabling their behavior. I tried to make it as painless as possible," Jackson said. "We wanted to wait until after the holidays. I need the income. This is one of the hardest things I had to do this year, putting people on the street."

But judges say that if the rent hasn't been paid and notice has been given, there is nothing they can do but apply the law.

Many don't read lease

"There is not much leeway," Johnson said. "We can listen and be sensitive and do the best we can. They think it is a technicality. They forget the terms and conditions that are part of that. A lot of people don't read the lease."

Worse, finding rental or mortgage assistance is becoming tougher, officials say.

Government programs, churches and some social programs offer financial assistance. Last fiscal year, Maricopa County's Human Services Department doled out $507,819 for eviction prevention rents, 17 percent more than the previous year.

Bills just keep adding up

If a person falls into a financial rut and gets evicted, the bills often keep adding up, court officials say.

On top of finding money to pay the back rent, they must pay legal fees, court costs and any incentives originally offered by the landlord. When they can't pay, landlords often turn to a collection agency.

Attorney Denny Dobbins, who represents Valley landlords, said most of the problems stem from the fact that tenants don't read the lease or communicate with their landlords.

"They don't know what their rights and obligations are," Dobbins said. "You are looking at a $10,000 contract. Your credit can be shot really quick if you are not careful."

Read state's landlord, tenant law

Dobbins recommends that every renter should also read the state's landlord and tenant law.

However, he conceded, the law, available in a booklet from the Arizona Secretary of State's Office or a justice court, is difficult to digest.

"I think there should be a class in high school to learn how to rent an apartment or buy a car," Dobbins said.

Meanwhile, Nancy Hollings said her family's ordeal has been hell. Most of their belongings are packed in boxes while they look for another place to live before the inevitable February eviction notice.

Reach the reporter at senta.scarborough@arizonrepublic.com or (602) 444-7937.

http://www.arizonarepublic.com/news/articles/0121evictions.html