The Process Server (TPS) How to Handle Evictions in Maricopa County

Notice to Vacate

• Non-Payment of Rent: If a tenant fails to pay rent, the landlord must provide a written notice giving the tenant five days to pay the rent or vacate the property.
• Lease Violations: For other lease violations, such as property damage or unauthorized occupants, the landlord must provide a 10-day notice to correct the violation or vacate.
• Unconditional Quit Notice: For severe offenses, such as illegal activities, the landlord can issue an immediate notice to vacate without an opportunity to remedy the situation.

Filing an Eviction Complaint

• If the tenant does not comply with the notice, the landlord can file an eviction complaint with the Justice Court in the precinct where the rental property is located.
• The complaint must include details of the notice given, the reasons for eviction, and the amount of rent owed (if applicable).

Serving the Summons and Complaint

• The tenant must be served with the summons and complaint, informing them of the court hearing date. TPS provides reliable process serving to ensure the documents are delivered in compliance with legal requirements.

Court Hearing

• Both parties must attend the court hearing. The landlord presents evidence of the tenant's breach of the lease or non-payment of rent, while the tenant can present a defense.
• The judge will decide whether to grant the eviction. If the eviction is granted, the tenant is typically given a short period to vacate the property voluntarily.

Writ of Restitution

• If the tenant does not vacate the property as ordered by the court, the landlord can request a writ of restitution. This document authorizes the sheriff or constable to remove the tenant and their belongings from the property.
• TPS can assist with obtaining and serving the writ of restitution to ensure a smooth and legal process.