Evictions are a risk we run in the property management world! We have a tenant screening system in place to reduce the number of evictions we experience, but we cannot account for how a tenant’s situation may change while they are under our management, only ensure we have the correct process in place to deal with it should it come up.

We do not post 5 days or file evictions on tenants who are applying for rental assistance.

Arizona Eviction Process: An Informational Guide for Landlords

This guide provides an overview of the eviction process in Arizona for landlords, detailing the steps, timeline, and legal requirements. The goal is to ensure all landlords understand the process and what to expect when a tenant fails to pay rent or violates a lease agreement.

Late Payments and Accruing Fees

When a tenant's rent is not paid on time, their account immediately begins to accrue late fees as specified in the lease agreement. These fees increase as more time passes without payment. If payment is still not received, the process escalates to legal action, which incurs additional costs for the tenant.

Our process is to issue a 5-Day Notice to Pay or Quit on the 5th of every month (or the next weekday if the 5th falls on a weekend).

Additional Costs to the Tenant's Account:

Court filing fees: approximately $400
Process server fees: approximately $100
Attorney/court appearance fees: approximately $200

These fees are the tenant's responsibility and will be added to the balance owed.

Opportunity to Stay

The primary goal is to avoid eviction whenever possible. If the tenant pays the full amount due—including rent, late fees, and any legal costs—on or before the court hearing, the eviction process will be stopped, and they will be allowed to remain in the home. However, once a court judgment is entered, additional costs are applied, and the risk of losing possession of the property increases. If the tenant fails to make a full payment after a judgment is issued, the court will issue a Writ of Restitution, and a constable or sheriff will enforce the eviction.

Step 1: Notices Served Before Court

Before filing a legal action in court, Arizona law requires landlords to serve tenants with a proper notice. The type of notice depends on the reason for the eviction.

Nonpayment of Rent: A 5-Day Notice to Pay or Quit is served. The tenant has five days to pay the full amount owed or face an eviction filing.
Lease Violations (curable): A 10-Day Notice to Cure or Quit is served. The tenant has ten days to fix the issue, such as an unauthorized pet.
Health/Safety Violations: A 5-Day Notice to Cure or Quit is served. The tenant must remedy the issue within five days.
Irreparable/Criminal Breach: An Immediate Termination Notice is served. There is no cure period for severe violations like violence or drug activity.
End of Lease / Holdover: A 30-Day Notice to Vacate is used for month-to-month leases when the landlord does not wish to renew.

Step 2: The Court Process

If the tenant does not resolve the rent or violation issues after the notice period, the following steps are taken:

Court Filing: If no payment is received within the timeframe of the 5-Day notice, we file with our attorney, which includes the filing. The landlord files a Special Detainer Action in the Justice Court. The court will then set a hearing date within 3 to 6 business days. The tenant is formally served with a summons and complaint.
Court Hearing: Both the landlord and the tenant have the opportunity to present their evidence. If the court rules in favor of the landlord, the judge will issue a judgment for possession and may also include a judgment for rent and fees owed.
Writ of Restitution: After a judgment is issued, the tenant has five calendar days to move out. If they do not leave, the landlord can request a Writ of Restitution. Once we are issued a writ of restitution, we must wait to hear from the constable, which can take up to a week depending on how busy they are. The constable or sheriff will then enforce the writ and physically remove the tenant from the property.
Security Deposit and Damages: After the tenant has vacated the property, the landlord must return any refundable security deposit, minus lawful deductions for damages or unpaid rent, within 14 business days.

Typical Timeline for Eviction

A typical eviction in Arizona takes between 30 and 45 days, but this is an estimate and is dependent upon how many evictions are being filed and how busy the county is. Understanding the typical timeline can help landlords prepare for the process:

Nonpayment of rent: The process typically takes approximately 2 to 4 weeks from the initial notice to the final lockout.
Lease violations: These cases usually take about 3 to 5 weeks.
Immediate/criminal breaches: For severe violations, the process can be completed in less than two weeks.

What Landlords Can Do

To ensure the process is as efficient as possible and to protect your interests, it is crucial to follow the outlined legal procedures meticulously. Maintain accurate records of all communication, notices served, and payments. If a tenant contacts you to resolve the balance, encourage them to do so before the case reaches court to avoid unnecessary costs and a lengthy legal process.

https://www.azcourts.gov/legalinfohub/Legal-Process-Sheets/Eviction-Actions

https://www.azcourts.gov/legalinfohub/Legal-Info-Hub/Legal-Info-Sheets-Landlord-Tenant-Disputes-Eviction

Once an eviction is paid off or archived, the tenant returns to their normal payment schedule with rent due on the 1st. If a tenant is month to month or has a lease renewal coming up, Aloe will work with the owners to determine if it is in the clients best interest to move forward with the tenant another year or to give that tenant a notice to vacate and start fresh with a new tenant.

What about the balance the tenant owes after eviction?

https://www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Landlord/Tenant-Disputes-amp-Eviction/After-an-Eviction-Judgment

Once a landlord has been awarded a judgment, the only way a tenant can stay in the rental unit is by working out an agreement with the landlord or filing an appeal of the judgment and paying a

supersedeas bond. Any post-judgment agreements should be in writing and signed by the landlord. Keep a copy of any agreement.

Judgments accrue interest from the time of the judgment until paid. Once a judgment is paid off, the judgment creditor (landlord) must file a satisfaction with the court. A satisfaction lets anybody who looks at the court records know that the judgment has been paid in full.

After an eviction is complete and you have a judgment against the tenant, you can take steps to collect the money they owe you. In Arizona, the legal process for collecting a debt after an eviction typically involves using the court system.

Here's a breakdown of how you can get the money a tenant owes you after an eviction:

1. Apply the Security Deposit

The first step is to use the tenant's security deposit to cover any unpaid rent, late fees, or damages beyond normal wear and tear. You must provide the tenant with an itemized list of deductions and any remaining balance within 14 business days after they have moved out. This is a crucial step in the process and is legally required in Arizona.

2. Pursue the Judgment

The court judgment you received during the eviction process is a legal order that confirms the tenant owes you money. This judgment is the basis for any further collection efforts. A judgment accrues interest from the time it is entered until it is paid in full.

3. Collection Methods

If the security deposit does not cover the full amount owed, you can use various legal methods to collect the remaining debt. These methods are typically initiated through the court that issued the judgment.

Writ of Garnishment: This is a common and effective method. A writ of garnishment allows you to collect money directly from the tenant's wages or bank accounts. To do this, you would file a request with the court, and if approved, a portion of the tenant's paycheck or funds in their bank account would be legally directed to you until the debt is paid off.
Writ of Execution: This is another option that allows a constable or sheriff to seize and sell the tenant's personal property to satisfy the judgment. This is often a more complex process and may not be practical unless the tenant has valuable assets.
Negotiating a Payment Plan: While you have the legal right to use the court system to collect the debt, you can also attempt to negotiate a payment plan directly with the tenant. Any post-judgment agreements should be in writing and signed by both parties to ensure they are legally enforceable.

4. Considerations

When deciding how to proceed with collecting a debt, keep the following in mind:

Cost vs. Benefit: Weigh the costs of pursuing collection actions against the amount of money owed. It may not always be cost-effective to pursue a large debt, as legal and administrative fees can add up quickly.
Legal Assistance: For complex situations or if you need help with the collection process, consider consulting with an attorney. The laws governing debt collection are intricate, and a lawyer can help ensure you are following the correct procedures.
Tenant's Financial Situation: Be realistic about the tenant's ability to pay. It may not be possible to collect the full amount if the tenant has limited income or assets.
Statute of Limitations: There is a time limit for enforcing a judgment. Be aware of the statute of limitations for collecting a debt in Arizona to ensure your judgment remains valid.
Keeping Records: Maintain detailed records of all unpaid rent, late fees, legal costs, and any payments received. This documentation is essential for a successful collection process.