Landlord and Tenant Rights and Responsibilities

questions & answers

Question: After the meeting with the magistrate how soon with the tenant need to be out of the apartment, if they lose their case?

Answer: If a residential tenant loses a forcible detainer trial and does not move out voluntarily within five calendar days after the judge enters the judgment ordering them to vacate the premises, the landlord may apply for a writ of restitution. The writ of restitution allows a sheriff or constable to forcibly remove the tenant. The statute is A.R.S. 12-1178(C). It reads: C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause. Please note that I am providing general information based on my limited knowledge of your legal issue. I am not able to provide you with legal advice, and no attorney-client relationship is created hereby. You should consult a competent landlord-tenant attorney regarding any defenses/negotiations you may have in your case. I wish you the best.

QUESTIONS

  • After the meeting with the magistrate how soon with the tenant need to be out of the apartment, if they lose their case?

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