Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I sent the Notice of non payment via certified mail, and my tenants haven't picked up the mail from the post office. When Can I file the forcible detainer?

Answer:

This question does not convey whether the tenant is a commercial tenant or a residential tenant and the laws may differ, depending on each person's specific situation. The following is general information about the Arizona Residential Landlord and Tenant Act. For specific assistance on how these laws and other laws apply to your specific situation, you may want to consult with an attorney.

You may want to review the article on this site titled, "The Landlord Tenant Relationship." Title 33 of the Arizona Revised Statutes (A.R.S.) contains laws dealing with property including the Arizona Residential Landlord and Tenant Act (which begins with A.R.S. § 33-1301). A.R.S. § 33-1368 deals with non-compliance with the lease by the tenant , including non-payment of rent, and the remedies that are available to the landlord. That statute cites A.R.S. § 33-1377 which explains special detainer actions. These are just some of the ARLTA statutes; there are many more statutes that may apply to your specific situation.

Additionally, depending on which county you are in, you may want to look to the forms that are available through the court's website or self-service center. For example, on the Maricopa County Superior Court website, you can find information about evictions.

QUESTIONS

  • I sent the Notice of non payment via certified mail, and my tenants haven't picked up the mail from the post office. When Can I file the forcible detainer?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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