It can be difficult to remove a tenant from a residential property.Tenants' rights are protected by courts.Landlords have rights as well.If a tenant isn't meeting his or her obligations, eviction may be the only reasonable course of action a landlord has available.In Arizona, eviction is also called forcible detainer.You have to follow certain rules to successfully evict a tenant in Arizona.The general process should be the same regardless of the rules.
Step 1: Determine if you have valid reasons for being evicted.
If you don't, you're wasting time and money trying to get someone to leave your property.In Arizona, valid reasons for evicting someone are nonpayment of rent, failure to comply with apartment complex rules, and health and safety.Don't force the tenant out even though possession of the property should go back to you.Follow the eviction procedures.
Step 2: Try to resolve the issue with the tenant.
The process of eviction hearings is an expenditure of time and money that you would like to avoid.Try to talk to your tenant.Let him or her know that you will file for eviction if the dispute is not settled out of court.If you make the tenant aware of where you stand, he or she will comply with the lease terms.
Step 3: The required notices need to be delivered.
If your attempts at a settlement fail, you must give the tenant a written notice of the violation, as well as the amount of time he or she has to correct it, and the consequences of not complying.The notice period has ended so you can't file an eviction complaint.Depending on the type of breach, the notice requirements vary.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.On the sixth day, the lawsuit can be filed.The landlord can fire the tenant immediately if they commit a material and irreparable breach.You should be able to find this information on the website of the county court.
Step 4: If possible, hand-deliver the notice.
The notice can be delivered by hand or by certified mail.The time period for the tenant to correct the breech runs from the date of delivery.If you hand-deliver the notice, try to have someone with you.If the tenant denies ever receiving it, it's good to have a witness.If you serve the notice by mail, you have to give the court at least five days to allow you to file the eviction complaint.
Step 5: Don't accept a partial rent payment.
If the tenant agrees in writing to the terms and conditions of any partial payment agreement, you can evict him or her.
Step 6: The forms should be obtained.
You can get eviction forms from the clerk of the court.You will need an eviction action summons, complaint, residential eviction information sheet, and a copy of the notice you hand-delivered or mailed to the tenant.
Step 7: Carefully fill out the forms
The courts are very protective of a tenant's rights.If your paperwork is not up to par, your case will be dismissed and you will have to refile.
Step 8: Monetary damages should be included in the complaint.
You should include late fees, court costs, or attorney fees if you want to have the tenant pay them.You will waive your right to address those issues if you don't.
Step 9: The filing fee should be determined.
Court costs are involved in filing for eviction.You should contact the court clerk if you don't know what to pay.The court clerk accepts payment methods.
Step 10: All documentation must be brought to the court.
Before you go to the clerk's office to file for the eviction, make sure you have all the paperwork listed in Step 1 above.If you have a written lease, you should bring a copy.Court clerks are busy, so don't expect them to give you advice or check your forms.The clerk will give you a court date within 3 to 6 business days after you file your papers.
Step 11: The papers should be served on the tenant.
You must serve the tenant with summons and complaint documents after the clerk assigns a case number and court date.These must be served by a process server.You can get information from the clerk's office.
Step 12: If the case is not resolved, file a dismissal.
If the tenant pays the rent, or moves out, you must file a dismissal with the court and give them a copy of the dismissal.The case will be closed by the court.The dismissal form can be found at the clerk's office.
Step 13: Prepare your witnesses.
If you have witnesses, make sure they are available for the hearing.If you want to prove your case, bring someone who witnessed the damage or destroyed property, or the person who accompanied you when you handed the notice to the tenant.Make sure to review their testimony with them.
Step 14: If necessary, request an adjournment.
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 clerk as soon as possible.An adjournment can be up to three court days in a landlord-tenant court.If there are too many cases to handle, the court may adjourn the case on its own.
Step 15: All the evidence you need to support your case should be brought.
Proof of notices, lease, receipts, and monetary damages are included.You don't want your case to be dismissed because you left a crucial piece of evidence home.
Step 16: Prepare to wait if you get to court early.
Sometimes landlord-tenant court can be chaotic.Most people don't know what to do.You can find out where your case is on the court's list by arriving early.If you haven't been able to resolve your case, the odds are you'll be waiting for a while.The judge will decide if a judgment for eviction should be granted after he or she hears your case.
Step 17: A writ of restitution can be filed.
The form is needed to remove the tenant from the property.At the hearing, the judge will order a date when you can file the writ, but it can't be issued until at least five days after the judgment is signed.You can get the form for the writ from the court clerk.Bring it back to the clerk so it can be filed.The writ will be delivered by the constable.The constable's job is to remove the tenant from the property once the writ is served.If the tenant doesn't claim his or her personal property within 21 days after the writ is delivered, you will be able to sell it.
Step 18: If you have a money judgment, collect it.
If you receive a money judgment at the hearing, the court offers forms and instructions on how to collect, but it won't help in the actual collection process.
Step 19: You can file a satisfaction of judgment.
You have to file a satisfaction of judgment with the court after you collect the money judgment.The forms should be available from the court clerk.