Landlord and Tenant Rights and Responsibilities

questions & answers

Question: how long does it take to receive an eviction notice from the court from the time of non payment of rent? I s it a matter of 1-3 weeks or is it 2-3 months?

Answer: In cases of non-payment of rent the landlord must first provide a five day written notice (A.R.S. § 33-1368 B). If rent is then not paid the landlord may file a forcible entry and detainer(FED)proceeding. A hearing on this "shall not be more than six days nor less than three days from the date of the summons" (A.R.S. § 33-1377 B). If the tenant is found "guilty" a writ of restitution "shall be issued by the judge at the expiration of five calendar days" (A.R.S. § 12-1178 C). The writ shall then be enforced "as promptly and expeditiously as possible" (A.R.S. § 12-1178 C). The quickest a writ could be enforced would be fourteen days from the date of the notice of non-payment. Normally, however, it is likely there would be some delay in the process.