Steps to Eviction

Steps to an Eviction in Arizona

  1. Notice to Tenant
    • In Arizona, a written notice must be sent to a tenant at the beginning of any residential eviction.
    • Timing of the Notice to the Arizona tenant.
  2. Filing the Eviction Lawsuit
  3. Eviction Hearing
    • Every eviction case has an in-person 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 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.
  4. Eviction Judgment
    • An Eviction Judgment is the goal of the eviction hearing. An Arizona Eviction Judgment is made up of two basic components.
      • 1) Monetary award- This portion of the judgment orders the tenant to pay the landlord all back rent, late fees, court costs, and attorney’s fees.
      • 2) 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 we must file a Writ of Restitution. This orders a 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.
      • The Writ of Restitution is filed with the clerk of court and requires an additional filing fee. As of 2021 the filing fee for the Writ of Restitution in the Arizona justice court system is $115.
    • Tenant’s Belongings– If a tenant vacates your rental property but leaves behind belongings then an Arizona landlord you must store their 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 pays the landlord the actual cost of moving and storing the belongings then they must be returned.