Steps to Residential Evictions in Arizona
1. notice to tenants
In Arizona, a written notice must be sent to the tenant(s) before beginning a residential eviction.
- 5-day Notice: for non-payment of rent.
- 10-day Notice: for material breach of lease agreement.
- 30-day Notice: to terminate month to month lease agreement.
- Proper Mailing of Notices– Timing of the Notices to Arizona tenants.
2. Filing the Lawsuit and Serving Tenants
An eviction Complaint, Summons, 6-month payment history, lease, residential eviction explanation sheet and proposed form of judgment are prepared by our Firm and filed with the corresponding court.
Once the pleadings have been filed with the court, they must be served on the tenants by a licensed process server.
3. Eviction Hearing
Every eviction case has a hearing. One of our attorneys will appear at the hearing on your behalf so you do not have to take time out of your schedule to come to one of the justice court, courthouse.
Eviction Trial– Occasionally, an eviction case will be set for trial. An eviction trial is completely different than an eviction hearing. Click HERE to read more about eviction trials.
4. Eviction Judgment
An Eviction Judgment is the goal of an eviction hearing. An Arizona eviction judgment is made up of two basic components.
Monetary Award– The monetary portion of the judgment, orders the tenants to pay the landlord all back rent, late fees, court costs, and attorney’s fees.
Vacate the Property– The second part of the eviction judgment orders the tenants to vacate the rental property within 5 calendar days. If the Arizona tenants do not voluntarily vacate within that time, then you must file a Writ of Restitution. This writ orders the court constable to go to the rental property and remove the renters, by force if necessary.
5. Writ of Restitution
A Writ of Restitution is filed with the Court if the tenant fails to vacate the Arizona rental property within 5 calendar days of us obtaining the eviction judgment.
Filing Fee- As of 2023 the filing fee for the Writ of Restitution in the Maricopa County justice court system is $115. Also, in cases where the rental property is rural and far from the court then the constable may charge an additional travel fee.
Tenant’s Belongings– If a tenant vacates but leaves behind their belongings then the landlord must store the tenant’s belongings for 14-days.
An Arizona landlord can charge a tenant the actual cost of moving their belongings and the actual cost of storing their belongings. However, the landlord cannot hold a tenant’s belongings hostage demanding that the eviction judgment is paid until the belongings will be released. Again, if an Arizona tenant reimburses the landlord for the actual cost of moving and storing the belongings then they must be returned.
If you have additional questions about the Arizona eviction process then contact the Dunaway Law Group at 480-389-6529 or HERE.
* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the State of Arizona.