Phoenix, Arizona - Tenant Eviction Process
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Explanation / Arizona - Tenant Eviction Process
Arizona evictions can be a lengthy process that if not done within the specific confines of the Arizona Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Arizona Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Arizona Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Arizona Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Phoenix Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Chad Walton today to discuss your case (602) 616-3569.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
In Arizona, the eviction process usually begins when a tenant fails to pay rent. If a tenant fails to pay rent and is still occupying the rental property then the landlord must start the eviction process through the court system.
The first step to evicting a tenant in Arizona for failure to pay rent is to provide them with a Five-day notice.
A landlord has two options when serving a Five-day notice. First, the Five-day notice may be hand delivered to the tenant if they will sign and accept a copy. Secondly, the Five-day notice may be sent to the tenant via certified mail.
The Five-day notice is deemed accepted via certified mail either the date the tenant signs for the notice or five days after it is sent.
After serving the five-day notice on the tenant, the landlord must accept a full payment of rent and late fees tendered by the tenant before the five days elapses. The landlord need not accept partial payments and in fact I strongly recommend that landlords don’t accept partial payments. If the tenant fails to pay the sum due within the five day time period the landlord’s next step is to file a forcible detainer action.
Most forcible detainer actions are filed in a Justice Court. The forcible detainer action is considered a “summary proceeding.” The hearing is held within 3 to 5 days of the filing of the action assuming the tenant has been properly served in that time frame. The hearing is often scheduled 5 to 10 days out to allow for proper service of the complaint and summons on the tenant.
At the hearing the landlord presents his information regarding the unpaid rent, and the tenant has the opportunity to present any legal defenses for failing to pay rent. In Arizona there are very few defenses to unpaid rent. The Arizona Landlord Tenant Act clearly defines these limited defenses. If the tenant does not have any valid legal defenses the landlord will be awarded a judgment for the money owed and an order for a writ of restitution.
The judgment can help a landlord recover financial damages from the ousted tenant. A Writ of Restitution allows a sheriff or constable to physically remove the tenant from the leased premises. The earliest a Writ of Restitution may be issued in a nonpayment of rent case in five days after the court hearing. Once the Constable or Sheriff is called to the property, the landlord may have the locks changed and retake possession of the property.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.