Eviction

questions & answers

Question: How much time does a constable or sheriff should give you to leave the apartment after they knock on your door after your evicted?

Answer: If a tenant remains in a dwelling even after the date and time specified on an eviction order – in Arizona this is five working days after the tenant has been served with the order (A.R.S. 33-1377) – then the landlord has the right to ask the court (by filing a writ of restitution) to have a constable or sheriff physically remove the tenant (A.R.S. 12-1181). There is no set number of minutes that the constable or sheriff must provide to the evicted tenant between the time the constable or sheriff knocks on the door and the time they insist that the evicted tenant vacate the premises. This is because the tenant will have already had ample opportunity to leave and because the landlord will be under a legal obligation to safeguard the tenant’s belongings (A.R.S. 33-1368). (The very general determiner for these sorts of things is reasonableness under the circumstances.)