Evictions After Foreclosure in Nevada

Nevada has enacted laws dealing specifically with evictions after foreclosure.  The applicable statutory scheme depends on whether the eviction involves a former property owner or the previous property owner’s tenant.  Here is an overview of Nevada’s eviction procedure for both scenarios.  The Foreclosure Process The most common foreclosure process in Nevada is the trust deed…

Nevada’s Summary Procedure for Nonpayment of Rent Evictions

Nevada’s summary eviction process for non-payment of rent cases provides an expedited procedure for landlords seeking to regain possession of their property.  Here is an overview of that process. What is a Summary Eviction? Summary eviction is a streamlined eviction process which requiring the tenant to file an Affidavit in court to contest an eviction…

What You Need to Know About Rental Agreements in Arizona

An Arizona rental agreement is a legal contract between a landlord and a tenant. The lease must be carefully drafted since it will provide the framework for resolving any disputes arising from the landlord-tenant relationship.  Accordingly, landlords must make sure the agreement is legally binding, and protective of the landlord’s rights and interests in the…

What You Need to Know About Renting an Illegal Unit

Many landlords rent illegal units despite the potentially adverse consequences of entering into the arrangement.  Here is what you need to know if you have rented or are considering renting out an illegal unit to an actual or prospective tenant.  What is an Illegal Unit? An illegal unit can take many forms.  Illegal units can…

Service of Process Requirements in an Arizona Eviction Action

In Arizona, the landlord must give proper notice to successfully prosecute an eviction lawsuit against the tenant.  If the required rules and procedures are not followed, the case may be postponed or dismissed by a judge.  Service of the Initial Notice ARS 33-1313 addresses service of the initial notice to a tenant in an eviction…

Evictions After Foreclosure in Arizona

Buying property through foreclosure can be a lucrative endeavor, but obtaining possession can be challenging when an occupant refuses to leave.  The only lawful way to resolve this problem is by successfully prosecuting an eviction lawsuit against the occupant and then obtaining a writ of restitution directing the sheriff to forcibly remove the occupant from…

“Forcible Detainer” Versus “Special Detainer” Under Arizona Law

In Arizona, there are two types of eviction actions – a “forcible detainer” case and a “special detainer” action.  Here are the major differences between the two actions.  Forcible Detainer Requirements There is a forcible detainer if the tenant retains possession of the rental unit after his tenancy has been terminated or after he receives…

When is Attorney Representation Legally Required in an Arizona Eviction Lawsuit?

Your tenant is behind on rent and your repeated requests for payment have fallen on deaf ears.  Your only remaining recourse is to file an eviction lawsuit against the tenant.  The lawsuit presents a clear case of liability and damages.  You are confident in your ability to tell a judge why you are entitled to…