Writ of Restitution, Assistance or Possession: This is an order to the Sheriff's department to seize a certain property unlawfully detained by another person. He/ She then is obligated to return the seized property to it's lawful owner. This form is offered in both Word and Rich Text formats.
Phoenix Arizona Writ of Restitution, Assistance or Possession
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-CV-2-WRIT
Format:
Word;
Rich Text
Instant download
Description
How to fill out Arizona Writ Of Restitution, Assistance Or Possession?
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FAQ
Outright possession order This means you must leave the property before the date given in the order. The date will usually be 14 or 28 days after your court hearing. If you can demonstrate that you are in an exceptionally difficult situation, the judge may agree to delay possession for up to 6 weeks.
The landlord must give the tenant written notice that rent is unpaid, and that the rental agreement will terminate if rent is not paid in 5 days. A.R.S. § 33-1368(B). In an action for non-payment of rent, landlord cannot file the eviction action until after the final day of the notice.
It takes about 5 to 30 days from the Notice to Vacate/Quit issuance, depending on the reason for eviction and the lease agreement.
The Arizona Residential Landlord and Tenant Act regulates the process of eviction. An eviction can happen in as little as two weeks. In reality, eviction often takes 30 days or more. In Arizona, the property owner generally cannot change the locks and remove your belongings immediately (Title 33-1367).
They have 10 days to vacate the property. If the tenants fail to resolve the violations or leave the property on time, then the landlord may continue with the eviction.
Outright possession order This means you must leave the property before the date given in the order. The date will usually be 14 or 28 days after your court hearing. If you can demonstrate that you are in an exceptionally difficult situation, the judge may agree to delay possession for up to 6 weeks.
States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. Arizona landlords must give tenants at least five days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.
The landlord must hold the tenant's personal property for 14 days after the constable or sheriff serves the writ of restitution, but the tenant must pay for the cost of removal and storage (NOT the judgment amount) to recover personal property. Certain personal items are excluded from this requirement.
The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.
