Evictions can be a stressful process.
The process usually begins when a tenant does not pay rent on time or violates the terms of their lease agreement.
According to Unbiased Options Real Estate, Arizona law requires that the landlord first serve a notice to the tenant if they are in violation of the lease. This notice must give the tenant a choice to either pay or vacate the property.
The Notice to Vacate
In Arizona, landlords must first give their tenants proper notice before beginning the eviction process. This includes serving a Notice to Vacate and a Complaint and Summons with the court.
The Notice to Vacate must be delivered via mail or personally to the tenant. Landlords must keep the original signed notice and declaration of service as proof that they have followed the laws in eviction procedures.
When a landlord issues the Notice to Vacate, they should state the date by which they want the tenant to move out of the property. This may be a set amount of time, such as thirty days, or it could be as short as a few weeks.
A landlord can also use the Notice to Vacate to evict a tenant for other reasons, such as nonpayment of rent or illegal activity in the rental property. In this case, the tenant will have to leave the property by the date stated in the Notice to Vacate Form, or else they’ll be subject to a lawsuit, and the landlord may seek a judgment of eviction.
Depending on the reason for the eviction, it can take up to six weeks to complete the eviction process in Arizona. During this time, the landlord will be required to file a complaint and summons with the justice court, serve the tenant with the Notice to Vacate and Complaint, attend a hearing, and obtain a court judgment of eviction.
Another important step to take is to make sure that the property is free and clear of tenants before the eviction happens. This means that the tenant should remove their belongings from the property before they’re evicted and put all items in storage until the end of the process.
Finally, it is important to note that if the tenant does not return their keys or change the locks after they vacate the property, it can be difficult for the landlord to regain possession of the property. This is why it’s important for the landlord to have a Writ of Restitution in hand.
When a landlord receives the Writ of Restitution, they must file the Writ with the court and send it to the constable, who can physically evict the tenant from the property.
The Complaint
Arizona landlords can evict tenants for a variety of reasons, including not paying rent or violating the rental agreement. They also can evict for violations of the state’s health, building, and safety codes.
If a tenant violates any of these codes, the landlord must first serve the tenant with a 5-Day Notice to Comply to let them know that they have committed a violation and give them time to fix it before filing for a court eviction. Landlords must be sure to follow this process, as failure to comply with these laws can lead to serious consequences.
A landlord can evict a tenant for a variety of reasons, but the most common is not paying rent. However, a tenant can still be evicted for nonpayment of rent if they have been late before or if their nonpayment is a recurring problem.
In addition, Arizona is a “notice” state, meaning that if a landlord wants to evict a tenant for committing a violation of the rental contract, they must first give the tenant-specific information (notice) about the violation, and they must give the tenant a certain amount of time to cure it before suing in court.
Another common reason a landlord can evict a tenant is if the tenant has committed illegal activities on the premises. This includes things like gang activity, trespassing, and more.
Regardless of why a landlord decides to file for an eviction, the case must be brought to court by way of a formal pleading called a Complaint. This pleading must state all the facts and legal reasons why the landlord thinks they are entitled to a remedy such as money damages or injunctive relief.
This pleading must be served to the tenant by a process server and must be filed with the court that has jurisdiction over the case. It must contain a case caption that lists the name and address of each party, as well as a brief description of the matter.
A court must then schedule a hearing for the case, which is usually 3 to 6 days after the Complaint is filed. A judge will then review the case and make a decision about whether or not to evict the tenant. If the judge finds the tenant guilty of breaking the rental agreement, they will sign a judgment forcing the tenant to vacate the property within a predetermined time. If the judge doesn’t find the tenant guilty, they can request reconsideration of the court’s ruling.
The Summons
The Summons is the official notice the court will send a tenant if they are involved in an eviction case. It will include the details of the lawsuit and a court date. This is the most important step in the eviction process, and it is vital for the tenant to receive a copy of the summons so that they can attend the hearing.
The Summons can be delivered to the tenant by a constable or sheriff, by a private process server, or mailed directly to the address on file with the court. Ideally, you should have the Summons served 48 hours before your court date.
In Arizona, landlords can evict tenants for various reasons. These can include non-payment of rent, violating the lease agreement, and failing to comply with health and safety requirements.
Landlords can also evict tenants for falsifying or excluding criminal activity, criminal history, or eviction history on a rental application. If this is the case, the landlord must first give the tenant a 10-day notice to comply with the terms of the lease.
If the tenant does not comply with the notice, the landlord can begin a special detainer case to evict them. In this case, a judge will decide whether or not to allow the landlord to evict the tenant.
Once the eviction case is filed with the court, it will take about 3 to 6 days for the clerk to issue you a court date. You may hire an attorney to help you with the eviction if you are a landlord.
After the eviction is filed with the court, you will have 30 calendar days to respond to the Complaint and Summons. This is a crucial step because it determines whether or not the case will proceed to trial or be dismissed.
During the hearing, the tenant must appear in person to answer questions from the judge. If they are unable to appear, they will need to submit a written response to the judge.
The eviction process can be stressful for both landlords and tenants, but it is essential that both parties follow the proper procedures. In addition to following the law, it is also important for both parties to communicate openly about what they are experiencing in order to ensure that everything runs as smoothly as possible.
The Hearing
If the tenant fails to pay rent or violates the terms of their lease agreement, a landlord can file an eviction suit. Generally, this can take anywhere from one to six weeks, depending on the reason for the eviction and whether or not the tenant contests it.
Landlords can also evict tenants who engage in illegal activity within the rental property. These include committing crimes, stealing, damaging property, and engaging in street gang activity.
In Arizona, the landlord can serve a notice to vacate if the tenant violates any of the following:
Nonpayment of rent
If a renter fails to pay their rent or pays late fees, the landlord can file an eviction suit to end the tenancy. In Arizona, the landlord must give the tenant at least 5 days to pay the amount owed, or they will be evicted.
Having pets or using a dog as a nanny is also a legal grounds for eviction, but the landlord must first give the tenant at least 10 days to remedy this issue.
Committing illegal activity and falsifying information about their criminal/eviction history are grounds for eviction in Arizona. The landlord can also serve a notice to vacate if a tenant repeats a violation of the lease terms during their term.
The court will then set a date for the hearing to be held. This is usually between 3 and 6 days after the complaint was filed.
Once the hearing is over, the judge will decide if the eviction was justified. If it was, the judge will issue a written order called a “writ of restitution.” This legal document gives the landlord permission to remove the tenant from their rental home.
If the tenant does not leave, the sheriff or law enforcement officer can forcibly evict them from their property. The sheriff or law enforcement officer can change the locks, shut off utilities, and remove the tenant’s belongings from the property.
The process of eviction in Arizona can be long, but it’s important to remember that the laws are in place to protect both the tenant and the landlord. By knowing your rights, you can avoid breaking the law and avoid being evicted in the future.
