Owning a rental property is a great business endeavor but, unfortunately, sometimes tenants do not fulfill their end of the lease agreement. Whether they have failed to pay their rent or are in violation of their lease terms, dealing with evicting tenants can be a difficult and expensive task. The Arizona eviction process follows certain steps and guidelines and, if not followed correctly, it can add to the costs and prolong the eviction process. Hiring a professional process server for evictions can save you time and money, alleviating your stress and making the eviction process far more efficient.
Arizona Eviction Process
Step 1: Deliver the Notice to Terminate Lease
Before taking legal action, you must notify the tenant of their lease violation and your intent to evict them. Arizona law provides four notice options depending on the reason for the eviction:
- Non-Payment of Rent: A five-day grace period is given to the tenant to pay the outstanding amount before the eviction proceedings begin.
- Material Non-Compliance: If a tenant violates the lease terms, other than non-payment of rent, the landlord must give the tenant a 10-day notice to fix the problem.
- Material Non-Compliance Affecting Health and Safety: A five-day notice to comply is given if the violation poses a health or safety risk.
- Material and Irreparable Breach: In cases of serious violations, immediate termination is possible.
Process servers can deliver notices and provide proof of delivery, which can help to minimize disputes. After the notice period has expired, you can proceed to the next step.
Step 2: File the Summons and Complaint (Arizona Eviction Action)
After the notice period ends, file an eviction action in the appropriate Arizona Justice Court. Set the court date at least 7 days after filing, following county guidelines.
Step 3: Serve Your Summons and Complaint
Eviction documents must be served to tenants 48 hours before a hearing. To ensure timely and accurate service, it is important to use a reliable process server. This can help to prevent delays or contestations.
Step 4: Show Up to Court
Go to the court hearing on the specified date and present your case for eviction. The judge will make a decision based on the evidence and arguments presented.
Step 5: Collect Rent Owed and Other Damages
If you win a court case against a tenant for unpaid rent, you can take additional legal action to collect the rent and any damages. This may include filing writs of restitution or garnishment.
The eviction process in Arizona is complex and requires precision to follow the legal protocols. A professional process server can help to streamline the process and ensure a successful eviction. This can help to reduce the financial strain associated with non-paying or non-compliant tenants.