It can be difficult to remove a tenant from a residential property.Tenants' rights are protected by courts.Landlords have rights as well.If a tenant isn't meeting his or her obligations, eviction may be the only reasonable course of action a landlord has.In Arizona, eviction is also known as forcible detainer.You have to follow certain rules to evict a tenant in Arizona.The general process should be the same even though the rules may vary by county.
Step 1: Do you have legitimate reasons for being evicted?
You are wasting your time and money if you don't attempt to dispossess someone from your property.In Arizona, valid reasons for evicting someone are nonpayment of rent, unauthorized pets or failure to comply with apartment complex rules.Don't force the tenant out even though possession of the property should go back to you.Follow the procedures listed.
Step 2: Try to resolve the issue with the tenant.
Although eviction hearings are scheduled fairly quickly, the process is an expenditure of time and money that you would like to avoid.Try to talk to your tenant.If you want to settle the dispute out of court, let him or her know that you will file for eviction.If you make the tenant aware of where you are, he or she will comply with the lease terms.
Step 3: The required notices need to be delivered.
If your attempts at a settlement fail, you have to give the tenant a written notice of the violation, as well as the amount of time he or she has to correct it, and the consequences of not complying.The notice period has ended so you can't file an eviction complaint.Depending on the type of breach, the notice requirements vary.In Pima County, a tenant who has not paid rent must be given a five day notice and an opportunity to pay their rent in full.On the sixth day, a lawsuit can be filed.If the tenant commits a material and irreparable breach, then the landlord can fire them.You should be able to find this information on the county court website.
Step 4: If possible, hand deliver the notice.
The notice can be delivered by hand or by certified mail.The time period for the tenant to correct the breech runs from the date of delivery.If you hand deliver the notice, try to have someone with you.If the tenant denies ever receiving it, it's good to have a witness.If you serve the notice by mail, you have to add five days before the court will allow you to file the eviction complaint.
Step 5: Don't accept a partial rent payment.
If the tenant agrees in writing to the terms and conditions of any partial payment agreement you reach with him or her, you can only proceed with an eviction.
Step 6: The forms should be obtained.
You can get eviction forms from the clerk of the court.You will need an eviction action summons, complaint, Residential eviction information sheet, and a copy of the notice you hand-delivered or mailed to the tenant.
Step 7: Carefully fill out the forms.
The courts are very protective of tenants rights.If your paperwork is not up to par, your case will be dismissed and you will have to refile.
Step 8: Monetary damages are included in the complaint.
It is advisable to include late fees, court costs, and attorney fees when completing the complaint form.You will waive your right to address those issues if you don't.
Step 9: Determine the filing fee.
Court costs are involved in evicting someone.You should contact the court clerk if you don't know what to pay.The court clerk accepts payment methods.
Step 10: All documentation should be brought to the court.
Before you go to the clerk's office to file for the eviction, make sure you have all the paperwork listed in Step 1 above.If the clerk wants a written lease, bring a copy.Court clerks are busy so don't expect them to give you advice or check your formsThe clerk will give you a court date when you file your papers.
Step 11: The papers need to be served on the tenant.
You must serve the tenant with the summons and complaint documents after the clerk assigns a case number and court date.These must be served by a process server.Information on how to do this can be given to the clerk's office.
Step 12: If the case is not resolved, file a dismissal.
If the tenant pays the rent or moves out, you must file a dismissal with the court and give them a copy of the dismissal.The case will be closed.You can get the dismissal form at the clerk's office or online.
Step 13: Prepare your witnesses.
Make sure you have witnesses available for the hearing.If you want to prove your case, bring someone who witnessed the damage or destroyed property, or the person who accompanied you when you handed the notice to the tenant.Make sure to review their testimony with them.
Step 14: If necessary, ask for an adjournment.
If one or more of your witnesses are unavailable for the court date, or if you have another valid reason why the hearing needs to be postponed, you should alert the clerk as soon as possible.An adjournment can be up to three court days in a landlord-tenant court.If there are too many cases to handle, the court may adjourn the case.
Step 15: Bring all the evidence you need to support your case.
Proof of notices, lease, receipts, and monetary damages are included.You don't want your case to be dismissed because you left a crucial piece of evidence home.
Step 16: Prepare to wait if you get to court early.
Sometimes landlord-tenant court can be chaotic.Most people don't know what to expect.If you arrive early, you can find out where your case is on the court's list.If you haven't been able to resolve your case, you'll be waiting for a while.After the judge hears your case, he or she will make a decision.
Step 17: You can file a writ of restitution.
This form is needed to remove the tenant from the property.At the hearing, the judge will order a date when you can file the writ, but it can't be issued until at least five days after the judgment is signed.The form for the writ can be obtained from the court clerk.Bring it back to the clerk so it can be filed.The tenant will be served the writ by the constable.The constable's job is to remove the tenant from the property if they don't move out after the writ is served.If the tenant doesn't claim his or her personal property within 21 days after the writ is delivered, you will be able to shut off the utilities.
Step 18: If you have a money judgment, collect it.
If you receive a money judgment at the hearing, the court offers forms and instructions on how to collect, but it won't help in the actual collection process.
Step 19: You can file a satisfaction of judgement.
You have to file a satisfaction of judgment with the court after collecting the money judgment.Again, forms should be available from the court clerk.