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…

How Do I Evict a Family Member from My Arizona Property?

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…

Does Arizona Allow Self-Help Evictions from Commercial Property?

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…

Summary of Arizona Security Deposit Laws

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 an Arizona Landlord Enter a Rental Unit?

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…

Timeline for Completing an Arizona Eviction

An eviction in Arizona can take anywhere between one week to two months, and possibly longer if the tenant appeals or otherwise uses delay tactics to stall the process.  Here is a breakdown of each step necessary for an eviction, and the approximate length of time for completing each task.  Initial Notice Period The eviction…