What exactly needs to be done to evict me legally in Arizona?

Question from M C, What exactly needs to be done to evict me legally in Arizona?

Answer from AI:

Evicting a tenant in Arizona involves a series of steps that a landlord must follow according to the Arizona Residential Landlord and Tenant Act. This process ensures that the eviction is legal and protects the rights of both the landlord and the tenant. It is important to note that this information is for general guidance only, and you should consult with a legal professional for personalized advice.

1. Establish a valid reason for eviction

In Arizona, a landlord must have a valid reason to evict a tenant. Common reasons include:

• Nonpayment of rent
• Violation of the lease or rental agreement
• Committing a crime on the property
• Material health and safety violations

2. Provide proper notice

If a landlord has a valid reason for eviction, they must provide the tenant with a written notice. The type of notice and the time frame for the tenant to remedy the issue or vacate the property depends on the reason for eviction:

• Nonpayment of rent: A 5-day notice to pay or quit is required (A.R.S. § 33-1368(B)).
• Lease violation: A 10-day notice to cure or quit is required for the first violation (A.R.S. § 33-1368(A)). If the same violation occurs within six months, a 5-day notice to quit is required (A.R.S. § 33-1368(C)).
• Material health and safety violation: A 5-day notice to cure or quit is required (A.R.S. § 33-1368(A)).
• Committing a crime: A 24-hour notice to quit is required for specific criminal activities (A.R.S. § 33-1368(A)(2)).

3. File an eviction lawsuit

If the tenant does not comply with the notice, the landlord must file an eviction lawsuit, also known as a forcible entry and detainer action, in the appropriate justice court. The landlord must serve the tenant with a copy of the summons and complaint.

4. Attend the eviction hearing

Both the landlord and the tenant must attend the eviction hearing. If the judge rules in favor of the landlord, a writ of restitution will be issued, which allows the landlord to regain possession of the property.

5. Execute the writ of restitution

If the tenant still does not vacate the property after the judge’s ruling, the landlord must request the constable or sheriff to execute the writ of restitution. The constable or sheriff will then remove the tenant from the property.

It is crucial to remember that only a court order can legally evict a tenant. Self-help eviction methods, such as changing locks or shutting off utilities, are illegal in Arizona (A.R.S. § 33-1367). If you are facing eviction, it is recommended that you consult with a legal professional or seek assistance from a legal aid organization for personalized advice and guidance.