Phoenix Arizona Summons - Eviction - Forcible Entry and Detainer

State:
Arizona
City:
Phoenix
Control #:
AZ-CV-3-EV
Format:
Word; 
Rich Text
Instant download

Description

Summons - Eviction - Forcible Entry and Detainer: This Summons is used when the Plaintiff seeks to recover property which was unlawfully detained by the Defendant. It states that the Defendant must be at the courthouse on a particular day and time, or judgment will be rendered against him. This form is offered in both Word and Rich Text formats.

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FAQ

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).

An Arizona Forcible Entry and Detainer is a legal action that can be taken by a landlord or property owner if an existing occupant refuses to leave after being given adequate notice. This occupier could be a tenant or the original owner of a home that was foreclosed or sold in a trustee's sale.

To end a month-to-month tenancy in Arizona, the landlord must give the tenant at least 30 days' written notice. The notice must inform the tenant that the tenancy will be ending in 30 days and the tenant must move out of the rental unit by then.

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 notice must inform the tenant that the tenancy will be ending in 30 days and the tenant must move out of the rental unit by then. If the tenant doesn't move out by the end date stated in the notice, the landlord can file an eviction lawsuit against the tenant.

In Arizona, a landlord can evict a tenant for not paying rent on time. To do so, they must first provide a 5-Day Notice to Pay or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

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).

If a payment is made by the tenant of all overdue charges within the 5-day period, the rental payment is deemed reinstated. If the tenant fails to pay by the end of the 5-day period, a forcible detainer action can be filed with the court on the 6th day.

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.

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Phoenix Arizona Summons - Eviction - Forcible Entry and Detainer