What Do You Mean I Am Being Evicted ?!?
What Do You Mean I Am Being Evicted?!?
There are several reasons a tenant can be evicted, one of the most common is for the non payment of rent on their rental property, This is a simple outline of the process. If you would like to know the specifics as it relates to state statute, please check our resources page under tenant resources and click on the Arizona Residential Landlord Tenant Act.
OOPS! Forgot to pay the rent!
It seems simple enough, if you do not pay the rent, the Landlord will have to recover the property and find a new tenant who will pay the rent. Your lease will have a date the rent is due, and some will have a grace period. For example, your rent is due the first but not late until the fifth. If you do not pay the rent, a Notice of Intention to Terminate Lease Agreement, also referred to a Pay or Quit notice, gives the tenant 5 days after receipt of the notice to pay all monies due, rent, late fees and any other fee provided for in the Lease Agreement. If this is sent certified mail, on the fifth, and rent isn’t received by the fifteenth, the Landlord can file for eviction on the sixteenth. If it is signed for in person on the fifth, the landlord can file for eviction on the eleventh. At this point the file is sent over to the attorney to file for eviction. They contact the courts, arrange a date and post notice on the property of the time and date of the hearing. Legal fees will be attached to the amount owed at this time. If you pay all amounts due in full prior to the eviction, you can stop the eviction process.
What happens at the courthouse?
You will be given a specific date and time. If you do choose to attend the proceedings, you will go to the courtroom that is assigned and sit inside until your case is called. When your case is called you will proceed to the table, and be sworn in. The landlord’s attorney will be at the other table. You will be asked if you paid rent. If you have not, the judge will typically rule in favor of the landlord, and grant the eviction, giving the tenants 5 additional days to vacate the property. The Attorney will ask for the “Writ”. This is also referred to a “Writ of Restitution”. This is how the landlord will be able to get possession of the property.
What if I don’t move out after the 5 days?
The landlord will call his attorney and have them order the Writ of Restitution. Then when received, the Sheriff or Constable will call and make an appointment to accompany the landlord to the property and remove any remaining tenants, friends, invitees, guests etc. from the home. At this time, the landlord will change the locks, notice will be posted by the constable and the tenant will be locked out of the property.
What about my stuff?
The Landlord has to hold your belongings for 21 days. To recover these belongings, you must make arrangements to remove them with the landlord. The landlord can require you pay storage fees to recover your property with the exception of clothing, work related tools, books and manuals, financial, medical, public assistance, immigration and legal documents. If you fail to claim your property or any property abandoned can be disposed of as the landlord sees fits after the 21 days.
Your landlord does not want to evict you! The landlord wants you to pay your rent, stay in your rental home and continue to report any maintenance issues as they occur. This helps them maintain their investment, and your current home. With an eviction comes a lot of expense and loss of income for the owner, and a judgement and eviction for you. If there are circumstances delaying rent reach out to your landlord or property manager to see if something can be worked out.