Our firm represents residential landlords, commercial landlords, property management companies, apartment complexes, and mobile home parks.
Arizona evictions can be a lengthy process that if not done within the specific confines of the Arizona Eviction Statute can cost you a lot of time, money and aggravation.
If you have any questions about the Arizona Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact our office.
After your eviction is complete if judgment is obtained our firm will also represent you in the Collection of the Judgment (including Attorney fees and Court Costs) as well as the collection and potential lawsuit of any balance due after the move-out is complete and a full assessment of damages has been done.
Lou Spivack P.C. can successfully handle your residential evictions. But we can help you with so much more!
We handle all of the paperwork, and guide each client through every step of the process.
We charge a flat fee for most services, so you know the cost upfront.
Lou Spivack P.C. can assist residential landlords/management companies with just about any type of landlord/tenant dispute.
Our office handles the collection of eviction judgments, and other collection matters on a contingent basis.
Lease Draft & Revisions
We can help you craft entire agreements, or if you just need review of a section or two of your current agreement.
We can provide a standard boilerplate agreement, one that you can modify depending on your needs.
Lou Spivack P.C. can provide you with any type of landlord/tenant notice or template that you may need, always at an affordable flat fee.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
* No representation is made that the quality, competence, speed, or cost of legal services to be provided is greater or less than the quality, competence, speed, or cost of legal services performed by other lawyers in a specified jurisdiction. The cost, speed, and outcome of each legal case depends upon many factors, including but not limited to, the facts of the specific case and the laws and procedures of the jurisdiction in which the case arises. No attorney can guarantee a positive result in any particular case. Lou Spivack, P.C. makes no express or implied warranties of any kind or nature regarding the quality, competence, speed, cost or outcome of any particular attorney in any particular case.
This website is for informational purposes only. This website is not intended to create, and does not create, an attorney-client relationship. Sending a question or comment via e-mail, voice mail, fax, SMS, MMS or any other means does not create an attorney-client relationship. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters.
Collection results may vary based upon the law and procedure of the jurisdiction in which the judgment is obtained and the financial viability of the party against whom you are seeking to collect.
The Eviction Process in Pima County Arizona – Residential
In Arizona, the eviction process usually begins when a tenant fails to pay rent. If a tenant fails to pay rent and is still occupying the rental property then the landlord must start the eviction process.
The first step to evicting a tenant in Arizona for failure to pay rent is to provide them with a Five-day notice.
A landlord has two options when serving a Five-day notice. First, the Five-day notice may be hand delivered to the tenant if they will sign and accept a copy. Secondly, the Five-day notice may be sent to the tenant via certified mail.
The Five-day notice is deemed accepted via certified mail either the date the tenant signs for the notice or five days after it is sent.
After serving the five-day notice on the tenant, the landlord must accept a full payment of rent and late fees tendered by the tenant before the five days elapses. The landlord need not accept partial payments and in fact we strongly recommend that landlords don’t accept partial payments. If the tenant fails to pay the sum due within the five day time period the landlord’s next step is to file a forcible detainer action.
Most forcible detainer actions are filed in a Justice Court. The forcible detainer action is considered a “summary proceeding.” The hearing is held within 3 to 5 days of the filing of the action assuming the tenant has been properly served in that time frame. The hearing is often scheduled 5 to 10 days out to allow for proper service of the complaint and summons on the tenant.
At the hearing the landlord presents his information regarding the unpaid rent, and the tenant has the opportunity to present any legal defenses for failing to pay rent. In Arizona there are very few defenses to unpaid rent. The Arizona Landlord Tenant Act clearly defines these limited defenses. If the tenant does not have any valid legal defenses the landlord will be awarded a judgment for the money owed and an order for a writ of restitution.
The judgment can help a landlord recover financial damages from the ousted tenant. A Writ of Restitution allows a sheriff or constable to physically remove the tenant from the leased premises. The earliest a Writ of Restitution may be issued in a nonpayment of rent case in five days after the court hearing. Once the Constable or Sheriff is called to the property, the landlord may have the locks changed and retake possession of the property.