Eviction

questions & answers

Question: What happens if a tenant seems to have moved out after the eviction case was already filed in court, and the landlord still wants to collect the back rent owed? The summons & complaint was served by a process server to the tenant.

Answer: Once a landlord files an eviction complaint, and the tenant is served with the complaint and a summons to appear in court for an eviction hearing, the landlord remains entitled by law to all due and unpaid rent, late fees as specified in a written rental agreement, court costs, and reasonable attorneys’ fees, even if the tenant moves out. If the landlord appears at the eviction hearing and the tenant does not, then the judge will issue a judgment in favor of the landlord for the money owed as well as the eviction (A.R.S. 33-1368(B)). (This is why it is important for tenants to either pay what they owe or move out within 5 days after they receive a 5-day notice.)