How to Evict a Tenant for Non-Payment of Rent in Arizona FAST

By Fahim | June 20, 2024

Evicting a tenant for non-payment of rent is a legal process that requires adherence to specific steps and procedures. In Arizona, landlords must follow these steps to ensure the eviction is lawful and enforceable. This guide outlines the necessary steps for evicting a tenant for non-payment of rent.

How Do I Evict Someone for Non-Payment of Rent in Arizona?

Step 1: Provide a Notice to Pay or Quit

The first step in the eviction process is to provide the tenant with a written notice to pay or quit:

  • 5-Day Notice: In Arizona, landlords must give tenants a 5-day notice to pay the overdue rent or vacate the premises. This notice must be in writing and clearly state the amount owed and the deadline for payment.

Step 2: File an Eviction Complaint

If the tenant does not pay the rent or vacate the property within the 5-day notice period, the landlord or their attorney can file an official eviction Complaint with the court:

  • Jurisdiction: File the Complaint with the Justice Court in the precinct where the rental property is located.
  • Complaint Form: Obtain and complete the necessary Complaint form, which includes details about the rental agreement, the amount of rent owed, and the steps taken to notify the tenant.

Step 3: Attend the Court Hearing

Both the landlord and the tenant must attend the court hearing:

  • Hearing Date: The hearing is usually scheduled within a few days to a week after the Complaint is filed.
  • Present Your Case: The landlord should bring all relevant documentation, including the lease agreement, payment records, and the 5-day notice. Be prepared to present your case clearly and concisely to the judge.

Step 4: Obtain a Judgment

If the court rules in favor of the landlord, a Judgment for Possession will be issued:

  • Writ of Restitution: The landlord can request a Writ of Restitution, which authorizes law enforcement to remove the tenant from the property. This writ is typically issued five days after the judgment.

Step 5: Enforce the Eviction

Law enforcement will execute the Writ of Restitution:

  • Tenant Removal: The tenant will be given a specific time frame to vacate the property, usually 12 to 24 hours. If the tenant does not leave voluntarily, law enforcement officers will remove them.

Conclusion

Evicting a tenant for non-payment of rent in Arizona involves a series of legal steps that must be followed meticulously. Providing proper notice, filing a Complaint, and following through with court procedures are essential for a successful eviction.

Frequently Asked Questions (FAQs)

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

The notice period for non-payment of rent in Arizona is 5 days.

Where do I file an eviction Complaint in Arizona?

You should file the eviction Complaint with the Justice Court in the precinct where the rental property is located.

What happens if the tenant does not respond to the eviction notice?

If the tenant does not respond or pay the overdue rent within the notice period, the landlord can proceed with filing an eviction Complaint with the court.

Can TPS assist with the eviction process in Arizona?

Yes, TPS offers comprehensive legal support to help landlords navigate the eviction process for non-payment of rent in Arizona.

Posted in Legal Services