How Long is the Eviction Process in Arizona?

Eviction is a legal process landlords use to remove tenants from rental properties. In Arizona, the eviction process has specific steps and timelines that must be followed. Understanding the duration of this process is essential for both landlords and tenants.

How Long is the Eviction Process in Arizona?

The eviction process in Arizona typically takes between 9 and 41 days, depending on various factors such as the type of eviction notice given, tenant response, and court schedules.

Key Stages of the Eviction Process

Notice to Vacate

• Non-Payment of Rent: If the tenant fails to pay rent, the landlord must provide a 5-day notice to pay or vacate.
• Lease Violations: For other lease violations, the landlord must give a 10-day notice to cure or vacate.
• Unconditional Quit Notice: In cases of serious lease violations, such as criminal activity, the landlord can issue an immediate unconditional quit notice, requiring the tenant to leave without an opportunity to cure the violation.

Filing a Complaint

• If the tenant does not comply with the notice, the landlord can file a Complaint with the local Justice Court. This step typically occurs after the notice period expires, ranging from 5 to 10 days.

Summons and Court Hearing

• Once the Complaint is filed, the court issues a Summons, and a hearing is scheduled. This hearing usually takes place within 3 to 6 days of the Complaint being filed.

Court Decision

• During the hearing, if the judge rules in favor of the landlord, a Judgment for Possession is issued. This typically happens on the day of the hearing.

Writ of Restitution

• After the judgment, the landlord can request a Writ of Restitution, which authorizes law enforcement to remove the tenant. This writ is usually issued 5 days after the judgment.

Execution of Writ

• Law enforcement officers serve the Writ of Restitution and remove the tenant from the property. This step must occur within 12 to 24 hours after the writ is issued.

Factors Influencing the Timeline

• Tenant Response: If the tenant contests the eviction or requests a continuance, the process can be extended.
• Court Schedules: The availability of court dates can impact the overall timeline.
• Type of Eviction: Different types of eviction notices (e.g., non-payment vs. lease violations) have different notice periods.

Conclusion

The eviction process in Arizona typically takes between 9 and 41 days, depending on the specific circumstances and compliance with legal requirements. Understanding this timeline can help landlords and tenants navigate the process more effectively.

Frequently Asked Questions (FAQs)

How long does the eviction process take in Arizona?

The eviction process in Arizona typically takes between 9 and 41 days, depending on various factors such as the type of eviction notice and tenant response.

What is the notice period for non-payment of rent in Arizona?

For non-payment of rent, the landlord must provide a 5-day notice to pay or vacate.

What happens if the tenant contests the eviction?

If the tenant contests the eviction or requests a continuance, the process can be extended beyond the typical timeline.

Can TPS assist with the eviction process in Arizona?

Yes, TPS offers comprehensive legal support to help landlords and tenants navigate the eviction process in Arizona.

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