What is Writ of Restitution

If an Arizona tenant remains in a rental property for more than 5 calendar days from the day an eviction judgment was signed then, an Arizona landlord can file a Writ of Restitution to have them removed. Once the judge has signed the Writ of Restitution then it is sent to a Constable for enforcement (think Sheriff) to remove the tenants from your property. Arizona Constables works for Arizona courts and have similar powers and duties to an Arizona Sheriff. A Writ of Restitution can only be filed after an eviction hearing was held and a judgment entered in favor of the Arizona landlord.

If the Arizona tenant does not leave voluntarily then a Writ of Restitution can be filed with the court. Once the Writ of Restitution is filed with the court, it is first signed by the judge and then delivered to the Constable for execution. The Constable will then visit the rental property and physically remove the tenant(s) from the rental property. Upon arriving at the rental property, a Constable will give the tenants just a few hours to pack a bag and leave the rental property.

When Will the Constable Execute the Writ?

So you’ve filed a Writ of Restitution and want to know when the Constable will actually appear and evict your tenants? The time frame can vary wildly. When the Writ of Restitution is initially filed with the court the filing clerk must take the paperwork to the judge for his/her signature. On occasion, the paperwork will immediately be signed and handed off to the constable. Other times, the Writ of Restitution may sit on the judges desk for a few days before being signed. Once the writ has been signed it is then delivered to the Constable’s office.

Most justice courts in Arizona only have one Constable. So if the Constable gets a large influx of Writs of Restitution at the same time, your writ may be delayed. So all-in-all it can take approximately 5 to 7 days for the Constable to actually show up to the rental property.

what if the tenants leave their belongings?

What if the Arizona tenants leave behind their belongings? Well, an Arizona landlord you must maintain possession of the tenant’s belongings for at least 14 days from the date the Writ of Restitution was executed (day the Constable went to the property). Click HERE to learn more about the 14 day process.

If you would like to know more about Writ of Restitution or have questions about an Arizona eviction, please contact the Dunaway Law Group by phone at 480-389-6529 or by messaging us HERE.