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What judge wants renters to know amid rising evictions

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Maricopa County is on pace to have one of the highest years for evictions ever. There have been 53,000 filings through August.

It means thousands of renters are having to leave their homes and try to find a place they can afford in an unaffordable location.

If it's Wednesday, presiding Judge Anna Huberman is usually in a Maricopa County Justice Court trying to decide eviction cases.

ABC15 recently talked with her about the growing eviction issue on our Let Joe Know streaming show "What's Buggin' You."

While statistics show more renters are showing up to defend themselves in court, less than 1% do it with an attorney. And most renters don't win their cases.

One of the issues that hurts tenants is not having proof to back up what they say.

"The problem is one side says one thing and one side says the other," Huberman said.

If a renter says they were told something that protects them, it's important to keep emails, texts, and anything they can show to back that up.

"People hear what they want to hear sometimes. They told me this or they told me that... I don't know what was really said. I don't have anything in writing," Huberman said.

Tenants can win cases if they prove the landlord didn't follow a strict eviction process, before and after filing.

That includes getting a five-day non-payment notice before an eviction can be filed.

It gives renters a chance to pay, work out a plan, or leave.

Huberman says sometimes tenants make choices that hurt them, like withholding rent payments until the landlord makes repairs.

"You can't just say, 'I'm not going to pay it because you didn't do this,'" she says.

If you want to stay in your place, follow the rules for reporting repair issues, pay the rent, and work on the reimbursement separately.

The Arizona Attorney General's Office has more information about your rights as a renter.

From all she's seen on the bench, Huberman's biggest advice is to be prepared and know your rights.

"A lot of that information you should look into the day you sign your lease agreement, not the day you get the notice," Huberman says.

Communication with your landlord is also very important.

Huberman says if you're having payment issues, try working out a plan early.

The Maricopa County Justice Courts offers more about the eviction filing process including how notices and summons must be delivered and what they must include.

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

Community Legal Services offers free legal help for renters facing eviction if they meet requirements.

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