Evictions in Arizona
Evictions in Arizona, also known as “forcible detainer actions,” are legal proceedings through which a landlord seeks to remove a tenant from a rental property. In Arizona, evictions are governed by the Arizona Residential Landlord and Tenant Act and are typically handled by the justice courts.
The process for evicting a tenant in Arizona begins with the landlord serving the tenant with a written notice. The type of notice required depends on the reason for the eviction. For example, if the tenant has failed to pay rent, the landlord must serve a 5-day notice to pay or vacate. If the tenant has breached the terms of the lease agreement in some other way, the landlord may serve a 10-day notice to cure or vacate.
If the tenant does not remedy the issue within the specified time period or vacate the property, the landlord can file a forcible detainer action with the court. The tenant will then be served with a summons and complaint, and a hearing will be scheduled.
At the hearing, both the landlord and the tenant have the opportunity to present their case to the judge. If the judge finds in favor of the landlord, the tenant will be ordered to vacate the property within a certain number of days. If the tenant does not comply with the order, the landlord can request that a writ of restitution be issued, allowing the sheriff to physically remove the tenant from the property.
It is important for both landlords and tenants to understand their rights and responsibilities under Arizona’s landlord-tenant laws. Landlords must follow the proper legal procedures when seeking to evict a tenant, and tenants have the right to contest an eviction if they believe it is not justified. An attorney can provide guidance and representation for either party in an eviction case.