Tovar v. SUPERIOR COURT OF ARIZONA, ETC. (1982)

Nevertheless, the court concluded otherwise, explaining A.R.S. § 12-1182(B) must be read in conjunction with A.R.S. § 33-361, 1 a statute that first, contrary to the common law, 2 allows a landlord to file an action to evict a tenant who fails to pay rent when due or violates a lease provision, and second, authorizes the landlord to commence and conduct the action under the FED statutes. 132 Ariz. at 551 , 647 P.2d at 1149.

The continued effect of the stay is dependent upon the deposit of any future rent at the time it becomes due.” ¶ 6 In resolving the special action we determined that pursuant to Tovar v. Superior Court, 132 Ariz. 549, 551 , 647 P.2d 1147, 1149 (1982), the court did not have the discretion to deny a stay and we ordered the superior court to “issue a stay with such conditions and provisions as are appropriate under A.R.S. § 12-1182(B).” ¶ 7 When Williams failed to timely tende…

See Tovar v. Superior Court, 132 Ariz. 549, 551 , 647 P.2d 1147, 1149 (1982); Makalla v. Superior Court, 119 Ariz. 1, 3 , 579 P.2d 39, 41 (1978); Lane v. Hognason, 12 Ariz.App. 330, 333 , 470 P.2d 478, 481 , supplemental opinion, 13 Ariz. App. 120 , 474 P.2d 839 (1970).