This is the next post in my series for Arizona landlords who are evicting a tenant in Phoenix and its surrounding areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need of retaining an attorney if you need to remove a tenant from your property. Engaging in “self-help” to remove the tenant can amount to a violation of Arizona law. Counsel will ensure that you are following the appropriate steps towards regaining the property. In this article I will be explaining the eviction process in our region. If you are a landlord in need of assistance then contact my office today to speak with a lawyer.
The process of evicting an Arizona tenant starts with serving a Notice
The first step in the process of evicting a tenant in our state is to serve them with a Notice which states the reason for which they are being asked to leave the property. The Notice will inform them of the amount of time which they have to voluntarily vacate (a formal eviction cannot be filed until this time has passed). The amount of time provided under the Notice will depend on the reason for the eviction. If the tenant is being asked to leave due to the non-payment of rent (the most common issue a landlord faces) then the tenant will be given five days. A ten-day Notice must be given if the request is made due to another breach of the lease (IE having an unauthorized pet on the property). If the tenant is engaging in illegal activity then the landlord may serve a “same day” Notice, meaning the landlord may initiate a case immediately. Notices based on the non-payment of rent or other violations (besides those eligible for a same-day Notice) may be cured by the tenant within the Notice period. This means, for example, if a tenant pays their rent within the five-day window then the landlord may not proceed with the eviction.
Once the requisite Notice period has expired then the landlord may file a Summons & Complaint to initiate the eviction process. The Summons will contain a date at which an eviction hearing will be held. This date will be between three and six days of the time at which the Complaint was filed. Most hearings will be held virtually. The Court will grant the eviction unless the defendant (the tenant) raises a valid legal defense. A defense will be considered “valid” if the allegations in the Complaint are shown to be wrong (IE proof is presented that rent was actually paid) or the process was somehow handled incorrectly. If a valid defense is raised, then the Court will set a trial. In the overwhelming majority of cases, no valid defense is raised and the eviction is granted at the initial hearing. The landlord will then be able to gain a Writ of Restitution, and the constable will be ordered to remove the tenant from the property and return it to the landlord.
Phoenix landlords should retain an attorney to assist them with the eviction process
The above-referenced process can quickly become complicated. If, for example, a Complaint is filed before the number of days required under the Notice have passed, then the Court may dismiss the case due to a flawed process. This can easily happen as weekends, holidays, and the day the Notice is served does not count towards the tenant’s time. Other errors can occur which can cause the case to be delayed, if not dismissed. This can result in a landlord waiting weeks, if not months, to reclaim their property. For obvious reasons, this can mean substantial financial losses for a landlord. Retaining an attorney to assist you can help to ensure that the process is handled correctly.
I am a Phoenix eviction lawyer who assists Arizona landlords with reclaiming their property. I understand that time is of the essence in such matters and my office makes such cases a priority. Contact my firm online or by telephone today to schedule an initial appointment. I look forward to speaking with you. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.