Eviction Notice: This Eviction Notice is used by the landlord when notifying the tenant that he/she must vacate the premises by a certain date. This form complies with all state statutory requirements. It is available for download in both both Word and Rich Text formats.
The eviction process in Arizona, also known as the eviction procedure, outlines the legal steps landlords must follow when evicting a tenant from a rental property. It is important for both landlords and tenants to understand this process to ensure fair treatment and adherence to the law. There are different types of evictions in Arizona, including non-payment of rent, lease violations, and expiration of lease. Here is a detailed description of the eviction process and its various facets in Arizona. 1. Non-Payment of Rent: One common reason for eviction is when a tenant fails to pay rent on time. In such cases, landlords must follow specific steps: a. Notice: Landlords must send a written notice to the tenant, known as a "Notice to Pay or Quit," demanding payment within a certain period, typically 5 days. b. Filing and Serving the Complaint: If the tenant does not pay within the specified time, the landlord can file an eviction complaint with the court. The tenant must be served this complaint, typically through a process server or certified mail. c. Court Hearing: The court will schedule a hearing where both parties can present their case. If the landlord wins, a Writ of Restitution may be issued, allowing law enforcement to physically remove the tenant if they fail to vacate. 2. Lease Violations: An eviction can also occur if a tenant violates the terms of the lease agreement. The process for eviction due to lease violations differs slightly: a. Notice: Landlords must provide a written notice to the tenant, allowing them a certain period (usually 10 days) to remedy the violation or move out. b. Filing and Serving the Complaint: If the tenant fails to comply within the given time, the landlord can file an eviction complaint and serve it to the tenant. c. Court Hearing: Both parties will attend a hearing to present their case to the court. If the eviction is granted, a Writ of Restitution can be obtained to force the tenant's removal. 3. Lease Expiration: When a lease agreement ends and a tenant remains in possession without renewing or extending the lease, an eviction may be necessary. a. Notice: Landlords must serve the tenant with a written notice specifying that the lease will not be renewed and requesting the tenant to vacate the premises within a certain period, typically 30 days. b. Filing: If the tenant fails to move out within the stipulated time, the landlord can file an eviction complaint with the court. c. Court Hearing: A hearing will be scheduled where the landlord can present their case. If successful, the court may issue a Writ of Restitution to remove the tenant. Understanding the eviction process in Arizona is crucial for both landlords and tenants to protect their rights and ensure a fair resolution. It is advisable for individuals to consult legal professionals or familiarize themselves with Arizona's specific laws and regulations pertaining to eviction procedures to mitigate any potential complications.
