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 process starts with the landlord’s preparation and service of the initial notice. Arizona eviction law provides for different notice periods depending on the type of notice needed. For example, a nonpayment of rent eviction requires a 5 day notice, and termination of the lease requires a 30 day notice. Under the Arizona Residential Landlord and Tenant Act (ARLTA), if a tenant violates the rental agreement and/or Arizona law and the breach “is both material and irreparable” and “occurs on the premises,” then the landlord may deliver a written notice to the tenant for immediate termination of the rental agreement.
Estimated Completion Time: 1-30 Days
Filing and Prosecuting the Eviction Lawsuit
The landlord may file an eviction lawsuit (called a “Special Detainer”) with the court the business day after the initial notice expires if the tenant has not vacated or fixed the problem (for violations which are fixable). Landlords must file in Justice Court for claims under $10,000 and in Superior Court for claims over $10,000. The court will typically hold a hearing five calendar days after the summons is issued. The court can extend the court hearing for3calendar days in Justice Court or 10 calendar days in Superior Court. The tenant is allowed to file an answer before the hearing date. The court typically enters a judgment at the conclusion of the eviction hearing.
Estimated Completion Time: 5-10 DAYS
Issuance of Writ of Restitution
If the landlord wins, the next step is to obtain and serve a Writ of Restitution, which authorizes the constable or sheriff to forcibly remove the tenant from the premises. The Writ cannot issue until 5 calendar days after judgment is entered, unless the eviction is for an irreparable breach of the lease agreement or the law. In that case the Writ can be issued and served 12 to 24 hours after judgment is entered.
Estimated Completion Time: 1-7 DAYS
Appeal of the Judgment
If the tenant appeals, it must be filed within 5 calendar days after judgment is issued. The eviction will be stayed (i.e. stopped) only if the tenant files a bond with the court. The appellate process could take several months to resolve the case.
Estimated Completion Time: 30-90 DAYS
Common Delay Tactics
Some common delay tactics by tenants include requesting a jury trial, filing for bankruptcy, and filing motions with the court. Each of these tactics can add significant delay to resolution of the case.
Estimated Completion Time: 30-90 DAYS
Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs. We can be reached at 888-441-2355 or [email protected]. You can also schedule a telephonic consultation on our website. Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.