This is the next post in my series on how Phoenix, Arizona landlords may evict a tenant from their property. My last article discussed the process of evicting a tenant in our state. It is important that a landlord follow that process and that they not engage in self-help, such as changing the locks, in an attempt to remove the tenant themselves. Failing to follow the proper process can have repercussions for the property owner. An experienced attorney can assist you in making sure you are taking the right steps. In this article I will address the question of how long it may take to remove a tenant in our area. If you are in need of assistance then contact my office today to speak with a lawyer.
The first step in understanding how long it will take to remove a tenant is to look at the reason for which they are being evicted. As I explained in my prior article, a tenant must be given a Notice before an eviction case may be filed with the Court. The length of the Notice will depend on the reason for the eviction. If the issue relates to the non-payment of rent then the Notice period is five days. The period is ten days if the tenant is violating other aspects of the lease. Examples of such violations, considering the clauses found in most leases, can include having unauthorized pets on the property, having unauthorized people living at the property, making non-approved alterations to the property, etc. If the tenant has engaged in what is known as an “irreparable breach” then there is no waiting period; the landlord may file an eviction case immediately and serve along with the Notice to leave the property.
If the tenant voluntarily vacates the property within the Notice period then the landlord may reclaim it without having to file an eviction case. If the tenant does not voluntarily vacate, then the landlord may file a Complaint to begin legal proceedings. The matter will typically come before the Judge within three to six days. In the large majority of cases, the tenant either does not raise a valid defense or they do not show up at all. In these situations one can typically expect the Court to grant the eviction at this initial hearing. The landlord may then obtain a Writ of Restitution from the Court and the constable will remove them from the property. This will happen shortly after the initial hearing.
The above time frames, when viewed as a whole, show that an eviction in our area can typically be completed in less than three weeks when the tenant has failed to pay rent. An additional week may be added if the eviction is due to a lease violation. These time frames can be lengthened if the tenant raises a valid defense at the initial eviction hearing. Examples of a valid defense would be showing that the Notice process was not followed, that the violation in fact did not occur (an example would be showing that rent was actually paid if the eviction is for non-payment), etc. If a valid defense is raised then, if the Court does not dismiss the eviction at the first hearing, the matter will be set for trial. This only occurs in a very small number of cases.
If you are a landlord and need to remove a tenant from your property then contact my office today to speak with a Phoenix eviction lawyer. I understand the urgency of such cases as a delay can mean lost revenue as well as potential damage to the property. I will quickly proceed in your matter and will give your case the attention it deserves. Contact us online or by telephone for an appointment. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.