Use an attorney or Do It Yourself, but make sure you know and follow all the rules and laws of the State of Arizona. Stay up to date with the "Arizona Residential Landlord Tenant Act' and follow the legal guidelines in this document. Follow this link to see and read it.
http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/
Brief overview of Maricopa County Evicition Process
Attorney
You must provide copies of the written rent or lease agreement, the "5 day Notice to pay or quit" & any other pertinent documents to your case.
- Rent is due on the agreed upon day of every month per written rent/ lease agreement. We only wait 2 days past the due date to serve the tenant with the “5 day notice to pay or vacate”.
- On or before the 2nd day of the late payment, a legal notice called a “5-Day Notice to Pay or Vacate” is sent to tenant (date sent will be adjusted pending legal holidays, weekends, etc.) You must do at least one or more of the following to be in compliance with the local code: hand deliver, post on the front door or send via certified mail.
- On the 6th day after mailing, the account is sent to an attorney to schedule a court date (proof of mailing through the U.S. Postal Service).
- Approximately 10-15 days later, you will receive a Judgment on past due rent from the Court.
- On the 6th day after receiving the Judgment request, we receive a Writ of Execution (eviction order) from our attorney.
- The Constable will pick up the Writ of Execution and schedule the lock-out with our Maintenance Department. This takes approximately 2-10 days and is completely mandated by the Constable’s schedule.
Do it yourself
- Rent is due on the xx day of every month as per the written rental/ lease agreement.
- On the 2nd day after due date (or any day past that), You must do one or more of the following to be in compliance with the local Arizona code: hand deliver, post on the front door or send via certified mail a legal notice called a “5-Day Notice to Pay or Quit”. This is sent to tenant to notify them you are aware they have not paid and you the landlord are giving them 5 days to either pay the rent/ lease or they must move out.
- If tenant has not paid and the 5 full calendar days have past you must locate the Justice court in the city or municipality the home is located in. You file a “Forcible Detainer and Summons to Appear” for the tenant to appear before a judge to explain why they have not paid. These initial appearances are scheduled for within 6 days after your filing.
- You must then send a copy to the tenant via a “Process Server” (cost is around $40, this will be included in the late fee’s and charges to the tenant)
- You then show up on the scheduled date to see if the tenant actually shows up to defend his or her case. If tenant shows up then they may plea their case to the judge. The judge will decide if to proceed further with a hearing or grant a judgment in favor of the landlord.
- After the landlord is awarded a judgment then the tenant has 6 days to pay up or move out.
- In the event the tenant does not pay then on the 7th day (or day the judge approves) you file for a “Writ of Restitution” in the same court.
The Constable will pick up the Writ of Execution and schedule the lock-out with you the landlord to be present when the go to physically evict the tenant from the property. This takes approximately 2-10 days and is completely mandated by the Constable’s schedule.