Eviction

questions & answers

Question: Served 5 day notice and tenant shows no signs of moving. What can I do next? Can I have the police department get them out?

Answer: Eviction cases in Arizona are called Special Detainer Actions or Forcible Entry and Detainer. It is when a landlord says a tenant has not done something that is spelled out in the lease or rental agreement and the landlord wants the tenant to leave so that s/he can take the rental property back under the Arizona Residential Landlord and Tenant Act (ARLTA). Most eviction actions happen when the tenant has not paid rent on time.
The Eviction Process for Unpaid Rent:
 •Notice is the first step in the eviction process.
 •Notice must be in writing and given in person or by certified mail to the tenant.
 •The landlord can give notice to the tenant that he will terminate the lease if the rent is not paid within five days.
 •On day six, the landlord can file suit.
 The tenant’s inability to pay the rent is not a legal defense to the lawsuit. For further information. Please visit the following site: http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx

QUESTIONS

  • Served 5 day notice and tenant shows no signs of moving. What can I do next? Can I have the police department get them out?

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