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Thursday, March 23, 2017

Landlord / Tenant – Eviction Action

Landlord Tenant Assistance

Communications over rental disputes should always be in writing – Keep copies!

Please review the Landlord/Tenant Statutes for further information.

The Clerk is not an attorney and cannot give legal advice!

You may use a law library to look up statutes that cover Eviction Actions. Chapter 10 of the Arizona Revised Statutes covers the Arizona Residential Landlord and Tenant Act. If you are unable to find the information you need in the statutes, you should contact an attorney for assistance.

If your case is not filed properly and/or the proper notices are not given, your case will be dismissed without prejudice and you will have to refile.

Only the following can file a complaint:

  1. a property owner
  2. an attorney
  3. an officer of a corporation authorized to represent the corporation

Complaints may be filed Monday – Thursday 8:00 – 4:30 and Friday 8:00 – 1:30.

Foreclosure – For a new owner to evict a prior tenant, see A.R.S. § 12-1173.01 – File in Superior Court.

An Eviction Action cannot be filed if a person entered into possession of a property without the consent of the owner.

Eviction Action for Non Payment of Rents – ARS §33-1375

Rents owed cannot exceed $10,000.00

Landlord/owner gives tenant Notice. If tenant remains and does not pay all rents, on 6th day landlord may file Complaint with Court (Filing Fees). A Summons will issue (You may use the constable or a private process server to serve the documents.). Proof of Service must be in the Court prior to your Trial. Trial will be set within 6 Judicial (working) days.

Trial may be postponed up to three days for good reason and with the Judge’s approval.

Trial – Bring all evidence and witnesses with you that are needed to support your case. This includes notices, lease, receipts, etc.

If defendant has not vacated the premises five (5) calendar days after the Judgment is entered, a Writ of Restitution may issue on the 6th day. The constable may then evict the tenant. Please see our Fee Schedule page for applicable fees. Please see our Writ of Restitution page for further information.

Breach of Lease – ARS §33-1368

For noncompliance, Landlord delivers 10 day Notice to tenant to remedy specific breaches, indicating that the Rental Agreement will terminate in 14 days. If breach is not remedied, on the 15th day the landlord (Plaintiff) may file a Complaint with the Court (Filing Fees). Trial is set within 6 Judicial (working) days from the date of filing. A Summons will issue (must be served by constable or a private process server). Ask clerk for assistance with this procedure. Proof of Service must be in the Court prior to the Trial. Bring witnesses & evidence to support your case. Agreements for work in lieu of rents should always be in writing.

Breach of Lease – Health & Safety – ARS §33-1368

For noncompliance, Landlord delivers 5 day Notice to tenant to remedy specific breaches indicating the Rental Agreement will terminate in 10 days. If breach is not repaired, on the 11th day, Landlord (Plaintiff) may file a Complaint with the Court (Filing Fees). Trial is set within six (6) Judicial (working) days from the date of filing. A Summons will issue (must be served by constable or a private process server).  The Clerk may assist with service procedures by the Constable or provide you with a list of private process servers. Proof of service must be in the Court prior to the Trial. Bring witnesses & evidence to support your case. Agreements for work in place of rents should always be in writing.

Irreparable Breach – ARS §33-1368

Pursuant to breach of contract on tenant’s premises (e.g. discharge of weapon, homicide, gang activity, drug trafficking, threats, assault, anything that jeopardizes the health, safety and welfare of the landlord or involving imminent or actual serious property damage), the Landlord delivers written Notice. Landlord files Complaint (Filing Fees) and Trial is set within three (3) days. The Summons is issued and served A.S.A.P. (must be served by constable or a private process server). If Judgment is granted in favor of Plaintiff, the tenant has not less than 12 hours or more than 24 hours to leave the premises.

Termination of Month to Month Tenancy – ARS §33-1375

The Landlord gives tenant Notice prior to the rental due date. After 30 days have lapsed, and if tenant has not vacated premises, landlord may file Complaint with the Court (Filing Fees), and Trial is set within six (6) days. The Summons is issued and served (must be served by constable or a private process server). If the landlord prevails, the tenant has 5 days to vacate the property.

5 Day Notice to Vacate – ARS § 1173.01

Used for evicting tenants who remain on the property after a designated Lease Agreement has expired. Landlord gives tenant Notice. After 5 days, if tenant has not vacated property, landlord may file a Complaint with the Court (Filing Fees), and Trial is set within six (6) days.  The Summons is issued and served (must be served by constable or a private process server). If the landlord prevails, the tenant has 5 days to vacate the property.

Abandonment

See A.R.S. § 33-1370

Rental Statutes (All links are off-site)

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