evictions
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evictions (by Pam [AZ]) Oct 12, 2021 2:43 PM
       evictions (by myob [GA]) Oct 12, 2021 3:52 PM
       evictions (by Moshe [CA]) Oct 12, 2021 4:13 PM
       evictions (by S i d [MO]) Oct 12, 2021 4:36 PM
       evictions (by mick [CA]) Oct 12, 2021 5:31 PM
       evictions (by Dave [MO]) Oct 12, 2021 7:41 PM
       evictions (by Robert,OntarioCanada [ON]) Oct 13, 2021 3:06 AM

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evictions (by Pam [AZ]) Posted on: Oct 12, 2021 2:43 PM
Message:

State Specific Question About: ARIZONA (AZ)

what is the eviction process for Arizona?

Any advice?

Tennant owes one month plus late fees --170.213.xx.xxx




evictions (by myob [GA]) Posted on: Oct 12, 2021 3:52 PM
Message:

my advise has always been before you become a LL find out the in's and outs of LL'ing. YOU aparently missed that step and now want HELP doing what you should already have known about. GOOD luck. --66.133.xx.xx




evictions (by Moshe [CA]) Posted on: Oct 12, 2021 4:13 PM
Message:

We all had to learn by experience, and it certainly wasn't easy.

You can find a BRIEF summary of the AZ eviction process at

www.landlordguidance.com/eviction-notice-forms/arizona-eviction/

But I really suggest that you hire a competent LANDLORD attorney (not an attorney who advertises landlord/tenant law), and have him handle the case for you. Ask him to keep you in the loop, providing you with copy of all documents that he submits and pay extra for his time to explain to you everything that is going on. I don't think that, even by the second time that you do an eviction, that you will be ready to handle one by yourself, but its a start.

--47.139.xx.xx




evictions (by S i d [MO]) Posted on: Oct 12, 2021 4:36 PM
Message:

Each state has their own rules, and Moshe's link may provide a comprehensive list of steps (or not). But generally, eviction works like this:

1) The tenant breaches some portion of the lease, most often non-payment of rent.

2) You make demand for the rent. If your lease is written correctly, demand is implied and doesn't have to be made separately.

3) You post any legal notices such as "Pay or Quit" and wait however long your state laws require. Missouri (my state) doesn't require pay or quit. I can file the actual eviction the day after rent is due.

4) The tenant fails to "make good" on the demand for rent during the pay or quit time and then you file for eviction, or unlawful detainer.

5) The court sets a date for a hearing. During this time, usually the tenant can make payment of all funds due and then you would request to dismiss the case or just no one shows up and it is dismissed by failure to appear.

6) You attempt to serve tenant official notice of the hearing, according to your state laws. Some states require personal service (i.e. hand them the paper) by a sheriff, constable, or a private person called a special process server. Often, this step is required if you want a money judgment. If you cannot get service, you may just have to post on the door, which often only leads to you getting possession of the premises. The theory here is that you must INFORM them of what they already know: that rent hasn't been paid.

7) The court date arrives! You go and plead your case and present your evidence and the tenant may or may not show up. Even if the tenant pays before court day, it's probably a good idea to at least show up and withdraw the case so you do not develop a reputation as a sloppy land lord who doesn't care about the court's time.

8) If the tenant DOES show up and wants to argue that they are not delinquent or contests the amount owed, you may end up going to trial. Trial in my state is anywhere between 1-2 months after the initial hearing. I MAY get a judgment for possession before trial happens, but the trial is for how much money is owed. This is not a trial by jury: it's a bench trial where each side swears in, testifies, presents relevant evidence, and the judge makes a decision about two things: possession of premises (if not already awarded) and money judgement owed.

9) Assuming you win at the hearing and/or trial, you get 1 or 2 documents - Doc 1 is a Writ of Possession which you file with the court. Then the Sheriff/Constable will call to arrange a setout date by which time the tenant must be completely out of the property, and if they aren't you can MOVE them and their stuff out and set it on the curb/law. If they resist, the sheriff or constable will try to get them to comply, but if they are belligerent they can be arrested. Doc 2 is the money judgment, which you can try to collect a number of different ways that involve too much detail to go into here.

Good luck! I'd recommend hiring an attorney this first time, even if you don't intend to always do that. Go along and watch, listen, learn how court works. Then maybe try DIY next time!

--108.230.xxx.xx




evictions (by mick [CA]) Posted on: Oct 12, 2021 5:31 PM
Message:

Maricopa county has live stream court. You can tune in and get a feel for the court process. I can't distinguish between the court cases by the case number though. --184.176.xx.xxx




evictions (by Dave [MO]) Posted on: Oct 12, 2021 7:41 PM
Message:

Schedule and appointment with a local attorney that practices in real state law. Make the appointment tomorrow, donít delay. --174.210.xxx.xxx




evictions (by Robert,OntarioCanada [ON]) Posted on: Oct 13, 2021 3:06 AM
Message:

Google to find a landlords association where a landlords association will help along with will be familiar with process. --99.236.xxx.xxx



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