questions & answers

Question: We are the owners of a property in Tucson, Arizona. We received a judgment of eviction on the current tenents. The constable served them the papers. My question is the tenents have not removed anything from the property. What can I do? I need to go and clean the property to try and rent it out again.

Answer:

See our article on the Court Process for an eviction. That article states, "If a landlord receives a judgment against a tenant, he may apply for a writ of restitution for repossession of the residence in five days. In other words, the landlord can take back the residence lawfully with the aid of the constable in five days. The filing fee for the writ is $97. These writs are served by constables, who will direct the tenant to leave at that time. The landlord can cut off utility services to the residence at that time but cannot dispose of or sell any of the tenant’s personal property for 21 days. (A.R.S. §§ 33-1368E – 33-1370)."