Evict a Tenant in Arizona

Removing a tenant from a residential property isn’t easy. Courts are very protective of a tenant’s rights. But landlords have rights, too. And if a tenant isn’t meeting his or her obligations, then eviction may be the only reasonable course of action a landlord has available. In Arizona, eviction is also known as “forcible detainer” or “special detainer”.Arizona has certain rules and regulations you must follow to successfully evict a tenant. Though these rules may vary by county, the general process should be the same.

Steps

Preparing for Eviction

1. Determine if you have legitimate reasons for eviction. If you don’t, you’re wasting your time and money in attempting to dispossess someone from your property. In Arizona, valid reasons (also known as “grounds”) for evicting someone are:
   • Nonpayment of rent
   • Breach of a lease (such as unauthorized pets or failure to comply with apartment complex rules)
   • Breach of a lease – health and safety (the breach has to do with health or safety issues, such as not discarding garbage, or intentionally damaging property)
   • Irreparable breach (such as gang-related activities, firing a gun on the premises, or assaulting someone)
   • Tenant remains on the property after the lease period has ended, and the tenancy hasn't been renewed. (Even though possession of the property should technically go back to you, don't take it upon yourself to force the tenant out. Follow the eviction procedures listed below.)
2. Try resolving the issue with the tenant before proceeding with eviction. Although eviction hearings are scheduled fairly quickly, the process is an expenditure of time and money that you’d like to avoid, if at all possible. Try talking with your tenant. Let him or her know that you want to settle the dispute out of court, but that you will file for eviction if necessary. Making the tenant aware of exactly where you stand might prompt him or her to comply with the lease terms rather than risk being dispossessed.
3. Deliver the required notices. If your attempts at a settlement fail, then you must provide the tenant with written notice of the breach, including the amount of time he or she has to correct it, and the consequences of not complying.
   • You can’t file an eviction complaint until the notice period has ended.
   • The notice requirements vary, depending on the type of breach. For example, in Pima County, a tenant who has not paid rent must be given a five day notice and an opportunity to pay the rent in full. The lawsuit can be filed on the sixth day. Alternately, if the tenant commits a material and irreparable breach (such as gang activity), then the landlord can give immediate termination. You should be able to find this information on the county court’s website or at the county court clerk’s office.
4. Hand-deliver the notice if possible. You can serve the notice to the tenant by hand-delivery or by certified mail.
   • Hand-delivery is best because the time period for the tenant to correct the breach runs from the date of delivery. Try to have someone with you if you hand-deliver the notice. It's good to have a witness in case the tenant denies ever receiving it.
   • If you serve the notice by mail, you have to add five days to the time period before the court will permit you to file the eviction complaint.
5. Be careful in accepting a partial rent payment. If you accept partial payment, you can only proceed with an eviction if the tenant agrees, in writing, to the terms and conditions of any partial payment agreement you reach with him or her.

Filing the Eviction Complaint

1. Obtain the proper forms. You can get eviction forms from the county court clerk’s office or online. You’re going to need an Eviction Action summons, complaint, Residential Eviction Information Sheet, and a copy of the notice you hand-delivered or mailed to the tenant.
2. Fill out the forms carefully. Remember, as mentioned above, the courts are very protective of a tenant’s rights. So if your paperwork is defective and/or the proper notices weren't given, your case will be dismissed, and you’ll have to refile.
3. Include monetary damages in the complaint. If you’re looking to have the tenant pay overdue rent, late fees, court costs, or attorney fees, be sure to include that when completing the complaint form. If you don’t, you’ll waive your right to address those issues in the eviction hearing.
4. Determine the filing fee. There are court costs involved in filing for eviction. Contact the court clerk, or check online, so that you know what you’ll be expected to pay. Also find out what payment methods the court clerk accepts.
5. Bring all documentation to the court for filing. Make sure you have all the paperwork listed in Step 1 above before going to the clerk’s office to file for the eviction. If you have a written lease, bring a copy, in case the clerk requests it. Court clerks are usually very busy, so don’t expect them to give you advice or check every detail in your forms. When you file your papers, the clerk will create a case and provide you with a court date within 3 to 6 business days.
6. Arrange to have the papers served on the tenant. After the clerk has assigned a case number and court date and time, you must serve the tenant with the summons and complaint documents. These must be served by a constable or process server. The clerk’s office can give you information on how to do this.
7. File a dismissal with the court if the case is resolved. If the tenant pays the rent due, or moves out, or you settle the dispute at least one day before the hearing date, you must file a dismissal with the court and give the tenant a copy. The court will then close the case. The dismissal form is available at the clerk’s office and/or online.

Attending the Hearing

1. Prepare your witnesses. Make sure any witnesses you have are available for the hearing. Plan on bringing anyone who has knowledge that can help you prove your case, such as someone who witnessed the tenant damage or destroy property, or the person who accompanied you when you hand-delivered the notice of breach to the tenant. Review their testimony with them to make sure all their facts are accurate.
2. Request an adjournment if necessary. If one or more of your witnesses is unavailable for the court date, or if you have another valid reason why the hearing needs to be postponed, you should alert the court clerk as soon as possible. In typical landlord-tenant court (sometimes called “justice court”) the court may order an adjournment up to three court days. The court may also adjourn the case on its own, if there are too many cases to handle.
3. Be sure to bring all the evidence needed to support your case. This includes proof of notices, the lease, receipts for monetary damages, etc. You don’t want your case to be dismissed because you left a crucial piece of evidence home.
4. Get to court early…but be prepared to wait. Sometimes landlord-tenant court can be organized chaos. Most people don’t know where to go or what to expect. Try to arrive early, so you can find out where your case is on the court’s list (also called a "docket"). If your case is contested, meaning you haven’t been able to resolve it, the odds are you’ll be waiting for a while. After the judge hears your case, he or she will determine if a judgment for eviction should be granted.

Following Up After Getting a Judgment for Eviction

1. File a Writ of Restitution. This is the form that is needed to actually remove the tenant from the property. At the hearing, the judge will order a date when you may file the writ, but it can’t be issued until at least five calendar days after the judgment is signed. The court clerk can provide you with the form for the writ, and it may also be available online. Once you've filled it out, bring it back to the clerk so it can be filed.
   • The constable will serve (deliver) the writ on the tenant. Once the writ is served, if the tenant doesn't move out, it's the constable's job to physically remove the tenant from the property.
   • You'll be able to shut off the utilities when the writ is served, and you'll also be able to sell the tenant's personal property if he or she doesn't claim it within 21 days after the writ is delivered.
2. Collect any money judgment. If you receive a money judgment at the hearing, the court offers forms and instructions on how to collect, but it won’t assist in the actual collection process.
3. File a Satisfaction of Judgment. After you collect the money judgment, you must file a Satisfaction of Judgment with the court. Again, forms should be available from the court clerk or online.

Tips

• If you use certified mail to serve the tenant with notice of his or her breach, be sure to request a return receipt from the post office. It’s worth the extra few dollars to have proof that the tenant received the notice.
• If possible, try to observe some landlord-tenant cases before your hearing date. Call the court to see when landlord-tenant cases are being heard, and go to the courthouse to see what's involved. That way, you'll have a better idea of what to expect at your own hearing.
• If, prior to the court entering a judgment in your favor at the hearing, the tenant pays all rents due, any reasonable late fees provided for under a written lease, and your court costs and attorney fees, the case will be dismissed, and the tenancy will continue.
• Although most eviction hearings are held without a jury, if you want a jury trial you have to request it in the complaint. If you don’t, you won’t be able to request it later.
• If for some reason the tenant fails to appear, then a judgment will most likely be entered in your favor.
• An exception to the five day Writ of Restitution rule is where the judge orders an immediate termination of the lease because of an irreparable breach. In that case, the writ of restitution can issue between 12 and 24 hours after the court enters judgment in your favor.

Warnings

• The only individuals who can file an eviction complaint are a property owner, an attorney, or a corporate officer authorized to represent the corporation. Additionally, the property owner or an attorney can appear on a landlord’s behalf at the hearing. A property manager or other agent isn't permitted to appear for the landlord.

Sources and Citations

See also

• Plan a Grand Canyon Vacation
• File an Uncontested Divorce in Arizona