Eviction Service

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…

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…

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…

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…

Arizona has separate Rules of Procedure governing eviction actions that apply to cases filed in Arizona Justice Courts and Arizona Superior Courts.  Here is a summary of those rules.  The Initial Notice Before most eviction cases may be filed, the landlord must give the tenant Notice of the intent to do so. This notice must tell the…

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…

What is the required procedure in Arizona to evict a family member who has overstayed his or her welcome, when there is no lease agreement and the family member refuses to voluntarily move?  In Arizona, the steps needed for this type of eviction are substantially the same as the procedure the landlord follows for other…

A self-help lockout is prohibited on residential real property in Arizona.  An Arizona landlord is, however, entitled to pursue a self-help commercial eviction if the required procedure is followed.  Since such an eviction occurs without a court order, it is most appropriate where the tenant’s default cannot reasonably be disputed, and the landlord is otherwise…

Arizona landlords have a right to require a security deposit from their tenants to help protect them for losses resulting from tenant negligence, intentional conduct, or failure to fulfill an obligation stated in the lease agreement.  Here is an overview of the security deposit laws in Arizona.  Legal Limit on Maximum Amount of Security Deposit…

When can a landlord lawfully enter a rental unit in Arizona, and what steps must be taken before entry? The short answer is that landlords can enter at reasonable times and for legitimate reasons authorized by Arizona law.  Advance notice of 2 days is required unless the circumstances present an emergency.  In emergency situations, the…