| Evictions in
Arizona |
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Landlords
may evict tenants for a variety of reasons,
however, all eviction notices must be in
writing. The amount of time a tenant has to
either vacate the premises or fix the
problem, if possible, is dependent upon the
type of eviction. For example, if it is
discovered you have an unauthorized pet, the
landlord could give you 10 days to either
vacate the premises or get rid of the pet.
If the problem involves such things as
criminal activity or threatening other
residents or apartment staff, the required
notice to vacate is 24 hours and there is no
opportunity to fix the problem. Once an
Arizona eviction notice is given, there is a very
short period of time, sometimes as little as
2 days, before a trial may be held. If you
receive an eviction notice, you are
encouraged to seek legal assistance from
an Arizona attorney as soon
as possible. |
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Forcible
Detainer (Evictions) Actions A.R.S. §§ 33-1368;
33-1377
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An
eviction is a type of lawsuit called a
forcible detainer. Forcible detainer
means that the tenant has remained in
or on the property after the landlord
has given written notice that the
rental agreement has been terminated
and that the tenant must leave the
property. A landlord can file a
forcible detainer action against a
tenant for nonpayment of rent, if the
tenant has breached the lease, or if
the tenant has committed a crime.
Forcible detainer actions seek the
eviction of the tenant and the
repossession of the rental property.
They may also be filed if the tenant
misrepresented information to the
landlord or has unauthorized occupants
in the residence.
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Most
forcible detainer actions involve an
allegation that the tenant has not
paid rent on time. If a tenant fails
to pay rent, the landlord can give
notice that he will terminate the
lease if the rent is not paid within
five days. After the five day notice,
the landlord will most likely not be
willing to accept partial payment
because he will not be able to proceed
with the case unless the tenant agrees
in writing that the landlord can do
so. A.R.S. § 33-1371. On day six, the
landlord can file suit. The tenant’s
inability to pay the rent is not a
legal defense to the lawsuit. However,
the tenant does have some options.
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The
tenant can pay all of the rent and any
late fees any time before the forcible
detainer is filed and avoid eviction.
If the action has been filed, then the
tenant must pay all past due rent,
late fees, attorney’s fees and court
costs. If the tenant does so before a
judgment is entered, he can avoid
eviction. After a judgment has been
entered, reinstatement of the lease is
solely in the landlord’s discretion.
As
a general rule, the only defense to an
allegation of nonpayment of rent is
that the rent was actually paid, in
the manner and in the amount provided
in the lease.
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What
Will Happen In Court
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Forcible
detainer cases are similar to other
kinds of lawsuits; however, they move
through the court system very quickly.
The landlord begins the case by filing
a summons and complaint and serving it
on the tenant by one of the acceptable
methods. The filing fee for the
landlord is $36 (may change as of the
date of this publishing). After
receiving the lawsuit, the tenant
should file an answer. The answer form
gives the tenant several options to
check and explain as to why the
landlord should not prevail. The
answer fee for the tenant is $26 (may change
as of the date of this publishing). If
the tenant is unable to afford the
answer, the tenant may apply for a
waiver of that fee. If the tenant
believes that the landlord owes him
money, then the tenant may file a
counterclaim.
The
summons indicates that a trial will
occur on the date listed on the
summons but due to the extremely high
volume of cases in Maricopa County, a
trial may or may not occur on that
date. However, if the tenant fails to
appear, and the landlord or his
attorney is present, then a judgment
will most likely be entered against
the tenant.
At
the date and time listed on the
summons, the justice of the peace will
start calling cases. If both parties
are there, the judge will ask the
tenant whether the complaint is true.
If the tenant says that the complaint
is untrue, then the tenant will need
to briefly tell the judge why. If the
reason appears to be a legal defense,
then the judge will need to take
testimony from both sides and make a
decision after a trial. The trial may
or may not occur that day depending on
the court’s schedule and workload.
If either side needs a delay, they may
ask for it but continuances will be
granted for no more than three
business days.
If a
landlord receives a judgment against a
tenant, he may apply for a writ of
restitution for repossession of the
residence in five days. The filing fee
for the writ is $97 (subject to
change). These writs are
served by constables, who will direct
the tenant to leave at that time. The
landlord can cut off utility services
to the residence at that time but
cannot dispose of or sell any of the
tenant’s personal property for 21
days. A.R.S. §§ 33-1368E –
33-1370.
A
tenant can avoid the hassle, expense
and embarrassment associated with a
writ of restitution by turning in the
keys to the landlord. Doing so ends
the tenant’s possession of the
residence.
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