Eviction Statistics in Arizona

Believe it or not, there are patterns to evictions in Arizona. There is a distinct pattern in the number of evictions that take place during different times of the year. For instance, each year there is a spike of evictions in January, why is this?

landlords DELAY EVICTIONS DURING HOLIDAYS

Contrary to popular believe most landlords are actually nice people who have feelings too. Many landlords will not evict tenants during the holiday season. Beginning with Thanksgiving and going through New Year’s Day, landlords will often say, “I don’t want to evict someone during the holiday season and so I’ll just wait until the new year to begin the eviction process.”

justice COURTS WILL DELAY THE EVICTIONS

Experienced Arizona landlord – tenant attorneys and property managers know that the justice court judges and constables will do whatever they can to not evict an Arizona resident during the holiday season. After an eviction judgment has been granted by the court the tenants have just five (5) calendar days to vacate! If the Arizona tenant does not vacate within those five (5) calendar days, then we can go back into court and file for a Writ of Restitution. Writs must first be signed by the judge and then delivered to the constable for service.

Judges know that evictions are time sensitive and so they typically sign the order granting the Writ of Restitution almost immediately upon receiving it. However, during the holidays judges are often out of town which means there is no one to sign the writ. Additionally, even when the judges are in the office they are very slow to sign the writs. This is done in an attempt to slow down the actual eviction. Judges “misplace” them or are “too busy” working on other matters to sign the writs immediately. So it can take days before a judge will sign the writ.

Once the writ gets to the Arizona constables there is another big slow down in the eviction process. Similar to judges many constables leave town during the holiday season and so they are not physically able to execute the Writs of Restitution. Furthermore, I have had constables tell me to my face that they won’t execute writs near Thanksgiving or Christmas.

For the reasons mentioned above there has been a build-up of delayed evictions that are then started in January.

arizona EVICTIONS AND TAX REFUNDS

I believe the decreased number of Arizona evictions in February, March, and April are directly correlated to tax refunds. Many people receive large tax refunds that they can use to pay their rent. I remember the first time I passed through those months as an eviction attorney. Sure enough each year when the tax refund season is over then the evictions increase. 

One of the highest months for evictions each year is June. I think the spike during the beginning of summer has something to do with kids getting out of school and families wanting to move. When families are struggling economically and they want to move and they may stop paying rent at their current home and use that would-be rent money and use it as rent and security deposit, etc. at the new property.

pima county eviction statistics

The Pima County Consolidated Justice Court has a webpage with very detailed eviction statistics for its precinct. Click HERE.

If you are a landlord and need help resolving a dispute with a tenant, then please contact the Dunaway Law Group at 480-389-6529 or message us 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.

Arizona Eviction Process

Steps to Residential Evictions in Arizona

  1. Notice to Arizona Tenant(s)
    • 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 Eviction Lawsuit and Serving the 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
    • Eviction Hearing-Every eviction case has an in-person/telephonic 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 2022 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 residential eviction process in Arizona 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.

Recovering Future Rents from Tenant

If a tenant that is under a current lease agreement who is evicted or abandons the property; can that landlord sue for all future rents thru the end of the lease? The answer is; “yes”, “no” and “maybe”.

Let me answer this question by using an example. an Arizona Landlord and Arizona Tenant sign a 24 month lease agreement. Tenant promises to pay $2,000 each month for rent. However, 6 months into the lease term the tenant does not pay rent and so the landlord evicts him. Tenant still has 18 months left on his 2 year lease. Can landlord sue tenant for the remaining 18 months? Maybe, I will answer the question in greater detail below.

No, Landlords may not sue for future rents

Hypothetically, if the Arizona landlord finds a new tenant, who begins paying rent the very next month then landlord may not sue the initial previous tenants for the future rent he should have paid. A landlord may not sue an Arizona tenant for future unpaid rents at an eviction hearing. Because the landlord won’t know how long the property will sit empty and therefore the courts award would be based off of speculation. But a landlord can sue for all past rents owed during an eviction lawsuit.

A landlord has a duty to “mitigate” his losses. An Arizona landlord mitigates his losses after an eviction by doing everything possible to re-rent the property. Landlord must take the same actions they would if re-renting the property under normal circumstances. The Arizona landlord cannot simply let the property sit empty for 18 months and then sue the tenant because the property sat empty. He must take all reasonable actions to re-rent the property as soon as possible. Again, a landlord may not sue a tenant for future rent through an eviction lawsuit. However, there is another option a landlord may take to recoup losses from a breaching tenant.

Yes, a Landlord MAY sue a former tenant for unpaid rents.

Yes, a landlord may sue a former tenant for unpaid rents after they were evicted from the Property. However, the Arizona landlord must first market and re-rent the Property before suing the former tenant. The law doesn’t allow for double-dipping, meaning you cannot sue a former tenant for terminating a lease 16 months earlier while collecting rent each month from a new tenant.

However, you can sue a previous tenant for all the months the Property sat vacant until it was re-leased to a new person. Using the example from above, let’s assume the landlord re-rented the Property one month after evicting the previous tenant. In this situation the Property only sat empty for one month and so the previous tenant is only liable to one months rent to the Landlord. Regardless of how many more months or years were left on a previous tenants lease, a landlord can only sue for the months the Property actually sat empty.

If you need help from an Arizona landlord – tenant attorney then contact the Dunaway Law Group at 480-389-6529 or message us HERE.

When Tenant Files Bankruptcy

What Should You do if a Tenant Files Bankruptcy?

If you receive a notice from the bankruptcy court that a tenant you are trying to evict has filed bankruptcy then stop the process! Bankruptcy law is very complicated with severe penalties for any creditors seeking to take action against someone who has filed for bankruptcy. If a tenant files for bankruptcy before you have obtained the eviction judgment then you must stop with the eviction lawsuit.

As soon as a person files bankruptcy an “automatic stay of protection” goes into effect. The Automatic stay of bankruptcy is an injunction that stops; garnishments, lawsuits, foreclosure, repossession, evictions, etc. It is the equivalent of a restraining order that prevents creditors from taking collection actions.

The Automatic Stay is not Absolute

The automatic stay is not an absolute and landlords are given the right to file a Motion with the bankruptcy court requesting a bankruptcy just to “lift” the automatic stay. By having the automatic stay “lifted”, you may begin the eviction process. It takes approximately 30 days for the bankruptcy court to grant permission to proceed with the eviction. If the tenant files an “objection” to the lift-stay motion then a hearing will be set in the bankruptcy court. If a hearing is required then it may be 2 to 3 months before we can get in front of a bankruptcy judge and get permission to continue with the eviction.

Even under the best of scenarios a non-paying tenant who files for bankruptcy can astronomically expensive for the landlord. Don’t try and go it alone, contact the Dunaway Law Group at 480-389-6529 or message us HERE.

Normal Wear and Tear

What is Normal Wear and Tear?

What is considered normal wear and tear to a rental property by an Arizona tenant? During a rental period, a certain amount of wear and tear is to be expected and it is reasonable that the paint on the interior walls will become dingy and that traffic wear will be shown on carpet. However, broken windows, missing window screens, holes in the walls and stained carpet are NOT considered normal wear and tear to an Arizona rental property.

A tenant shall exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted.

A.R.S. 33-321

If the landlord fails to comply with subsection D of this section, the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

A.R.S. 33-1321(E)

Normal Wear & Tear and the Security Deposit

The Arizona Residential Landlord and Tenant Act states that normal wear and tear cannot be deducted from a tenant’s refundable security deposit. Additionally, Arizona courts hold that landlords cannot deduct the cost to paint interior walls and clean carpets.

Rental property trashed
NOT normal wear and tear to a rental property

Holes in walls, large stains on the carpet, and broken appliances are considered to be in excess of normal wear and therefore a landlord can deduct the cost to repair these items from the tenant’s refundable security deposit.

If you are an Arizona landlord and need help from an Arizona real estate attorney then contact the Dunaway Law Group at 480-389-6529 or message us 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.