1. Satisfy the Judgment once the renter pays it off.  If you fail to satisfy the Judgment with the court, it can show as an unpaid debt. If your renter or former renter is trying to get credit and this prevents that, he or she may have a claim for damages against you.

2. Prepare and send a security deposit letter to the last known address within fourteen (14) business days after resident vacates.  While legally the fourteen (14) business days do not start to run until the lease legally ends and the renter demands the deposit, the sooner you send a breakdown of charges, the better.

3. Prepare and send the twenty-one (21)-day letter immediately after the Writ of Restitution. The landlord must take an inventory and store the individual’s property for twenty-one (21) days after execution of the Writ. The former resident must pay costs to move and store only before he or she can recover the items (except for exceptions such as medicine). If you use a Notice of Abandonment instead of the Constable because the renter left voluntarily after court but failed to give you the keys, your time to hold the property prior to disposal is ten (10) days. You should send the letter of Abandoned Property Notice to the last known address. Take photos, if possible, of any damages and make sure the required Move-in/Move-out Statement is thoroughly complete.

4. Require the resident to sign a Partial Payment Non-Waiver if you accept partial rent. Don’t give receipts until the individual pays in full all rent and other charges.

5. Order a Writ of Restitution on the sixth day after Judgment. Management must order the Writ as it will not issue automatically. It expires thirty (30) days after the original Writ date. This means if you want to try and work with your resident, you can, but the court normally will not authorize a Constable lockout after thirty (30) days from the initial court eviction Order signed by the Judge. If you work with them, make sure you put the terms in writing and reserve your right to still get the Constable if the renter does not perform.

6. Don’t take any money from the resident if you’ve given him or her any kind of Notice. All Notices become void if the management accepts money after giving Notice. The courts treat it the same as taking a partial payment. If your resident will sign a waiver, you may take payment; however, most residents will not if the landlord is evicting them for a noncompliance, immediate or other nonpayment related breach.

7. If the landlord posts the five (5)-day Notice or any other Notice, he or she must also send it certified mail and wait an extra five (5) days for mailing. Posting Notices in and of itself is not legal delivery unless the resident admits receiving them.

8. Don’t cancel a Forcible Detainer unless you actually receive certified funds. The resident’s check could bounce. It is always a good idea to have this required payment spelled out in the lease.

9. Landlords can file a civil suit for all money/ damages owed after an eviction or a skip. The law limits evictions to possession of the rental premises and any rent owed through that month. Property damage, rent for the remainder of the lease and lease-break fees require a separate civil suit or collection agency action.

10. If management receives a tenant association letter, immediately call an attorney. If you have certified mail coming to you, don’t refuse to take or ignore it. It could be unfounded charges, but if you don’t address them the resident may have a legal argument to try and get out of the lease. One of the standard letters from a tenant association reminds you that you must register your property with the County Assessor’s Office or a renter may legally terminate the lease.

Reprinted with permission of the Arizona Multi-Housing Association. Andrew M. Hull, Attorney at Law, 301 East Bethany Home Road, Suite 295-C, Phoenix, Arizona 85012-1266, 602-230-0088, Fax 230-7421.