The process of tenant eviction in Phoenix, AZ depends on some important legal details that you need to follow carefully. When a tenant isn’t paying rent, it’s in your best interests to act quickly, so you don’t end up losing more money and time catching up with the eviction process.
Serving a 5 Day Notice
Phoenix landlords think that you have to wait for rent to be five days late before you serve this notice, but that’s not the case. You can issue this notice as soon as rent is late. Once you serve this notice, your tenants have five days to catch up with rent or to move out of your property. You’ll need to deliver this notice in person to the tenant, or send it via certified mail. Be aware that when you send it by mail, you’ll have to start the five days after the date of the postmark. That means you’ll need to wait a little longer before moving forward.
Filing a Forcible Detainer
When the five days pass, and you still have not received the overdue rent, you’ll need to file in your local court for a Forcible Detainer. This is not difficult, but you’ll need to fill out all the necessary paperwork carefully. This filing will result in a court date, and it’s your responsibility to ensure a Summons and Complaint is delivered to your tenant at least two days before your scheduled court date.
Judgment in Court
When you go to court, make sure you have all the necessary documentation. You may be asked for the lease, as well as any accounting statements that can demonstrate the tenant’s outstanding balance and lack of payment. You’ll get your decision, which will usually be in your favor, and your judgment will come with a date that the tenant must be out of your property. If the tenant doesn’t leave, you can get a Writ of Restitution in which the constable physically removes the tenant from your property and returns possession to you. If the tenant has left personal property in the house, you’re required to hold it in storage for 21 days.
Start this process immediately if you have a tenant who has not paid rent. You can call off the eviction if the tenants do come up with the money, but by starting it as soon as possible, you protect your right to see the eviction through to the end.
Contact Rentals America if you have any questions about conducting an eviction in Phoenix.