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Eviction Process in 5 Simple Steps

When you have a rental property and a tenant is not working out, eviction may be necessary. The eviction process can be uncomfortable and difficult but process service does not have to be. Follow the steps below to complete the eviction process, including legally notifying the tenant of eviction, to protect you and get eviction completed as quickly and painlessly as possible.

Eviction Process in 5 Simple Steps

  • Deliver the notice to terminate the lease (you must provide 5-day notice or notice to pay or quit)

If a tenant has broken the terms of their lease such as failing to pay rent or violating the terms of their lease in some way, you have the legal right to terminate their lease. But, to do so, you are legally required to provide notice to the tenant. Typically you must provide 5 days of notice but in some circumstances, it may be 10 so check to see what you are legally required to do.

  • File the court summons and eviction complaint (eviction action/special detainer) and select a court date.

Once you have provided notice, you can file a court summons and eviction complaint against your tenant. When choosing a court date be sure to choose one that is at least 7 days or more from the date you file to ensure you have adequate time to safely and properly serve your tenant with the necessary paperwork.

  • Serve your summons and complaint via process service.

Evictions tend to be contentious so it is best to hire a process server to complete your tenant’s legal right to process service. Even if a tenant is agreeable, it is always safest for you and protects your case against any delays or problems, to have an experienced and knowledgeable process server complete the task. The tenant must receive their documents at least 48 hours prior to the assigned court date.

  • Show up to court.

This is where the court system takes over. The judge will hear your case, as well as your tenant’s case if they are contesting the eviction. A judge will determine if restitution for damages is required and will grant your eviction to reclaim your property if you win the case.

  • Collect rent owed and other damages.

Once you have won your case, you will want to collect the money owed to you. If they refuse to pay, you will have to take them to small claims court and file a summons or complaint which will have necessary legal steps of its own.

What are the tips for handling eviction processes?

Eviction processes can be dreadful and length. In most cases, it costs additional money to move tenants from a property. Landlords have to contemplate many things that they need to evict a tenant.  They should go through every required legal step to ensure staying compliant with their entire eviction process.

Affordability

Payment-related processes are the main concern for many landlords. If they want to avoid any payment issues, it is essential to find out whether a new tenant can pay the required rent. There are many ways to find out about this factor, such as examining credit reports, income insights, and resident scores. Credit reports are essential to find out about the existing debts levels of a tenant and other important financial information. Landlords can also get a specialized credit report from online sites while screening tenants. All this information helps them to find qualified tenants who will rent on time.

Understanding basics

When handling uncooperative tenants, the eviction process could get length and complex. In such situations, preparations are vital to handle the overwhelming proceedings. In general, it may take three or four weeks for this to complete. Depending on the specifics of the residence, it could be even longer than the specified time. Subsequently, a longer time means more expenses for the landlord. They may find themselves spending unnecessary amounts on uncooperative tenants. In that situation, it is essential to avoid a length of eviction as much as possible. Try to settle deals in a quick manner for faster completions.

Cost

Lastly, studies show that evictions cost around $3500 dollars on average. The rate could go up to several thousand depending on the complexity of a case. Hence, landlords should factor in all court costs, legal expenses, financial damages, property repair, and other monetary needs to avoid a process from getting into a costly one.

Process service is an important component our the legal process and is an essential right that protects us all. Because it is required within a certain timeframe of filing your court documents, or because of various other circumstances, there may be times when routine service will not take place quickly enough. When those times occur, rush process service may not only be handy but necessary to ensure your case does not hit any setbacks. Most people do not understand the timeline of process service so below we take a closer look at the difference between routine process service and rush process service.

Difference Between Routine & Rush Process Service

Routine Process Service

If you are not in a rush and simply need routine process service, you can expect to have your documents assigned to a server within 2-3 business days of receiving your documents and payment. Typically, routine process service is completed within 2 weeks of assignment. The timeline is dependent on how easy it is to find and successfully serve the other party and your server will make attempts based on their experience, provided information about the person being served, and their discretion regarding what will be most successful. If you have a specific time and location that you know the person will be available to be served, you can provide that information to your process server or request a scheduled service or stake out to ensure your process service is successfully and correctly completed in a timely manner.

Rush Process Service

If rush process service is needed, it can be assigned to a server the same day or the next day once payment and documents have been received. Your process server will make every effort to successfully complete service within 1 week based on their discretion and the information that you provide regarding the individual being served. Like routine service, you can also request a scheduled service or stake out if you know that a person will be in a specific location at a specific time and date. Rush service is often recommended for circumstances like evictions, orders of protection, injunctions against harassment, orders to appear, emergency custody, judgment debtor exams, or anything case with a deadline of fewer than 10 days.

How to find the right process service?

Deciding between routine and rush process service involves considering multiple factors. They should be able to locate parties through skip tracing and perform civil background checks to retrieve information.

Knowledge

The first thing to consider is the professional’s level of knowledge in both state and local laws. In every state, there are specific laws that apply to actions and documents that could be served by process services. Professionals who are not familiar with these ordinances could delay the legal proceedings. Hence, people should make sure choosing process services are well-versed in these different laws. Moreover, it is better to check their level of expertise in serving documents as well.

Experience

Another vital factor for consideration is their experience. Work with services with no background in this type of work may lead to more complications. Most importantly, they will not promise proper delivery of legal paperwork. Seasoned pros are not susceptible to rookie mistakes that may delay cases or incur any additional expenses.

Success rates

In general, success rates determine the proficiency of professionals in this task. They need to perform their job well and follow up with targets to avoid any problems. People can ask questions related to delivery issues and evasions that they may face during the process. They should have emergency security measures to handle targets with no consideration to legal matters.

Customer service

All process services should promise the highest level of customer service. They should clearly communicate the timelines and expectations to the clients. These are signs of reliability and professionalism. Moreover, clearly communicating all aspects of a procedure will help clients to realistic expectations about a case. If necessary, discuss with them to know more about how they handle deadlines and other details. A service that handles timely deliveries delivers better quality customer service to its clients.

Reputation

When a service is working with the legal community, it will develop its reputation through reliability and trustworthiness. It also means that they can be trusted to deliver crucial legal documents on time. This gives peace of mind to plaintiffs and helps them to focus on other important obligations of a case.

Many people might be surprised to learn that it is not illegal to avoid being served.  But, while it may not be illegal, it is rarely advantageous to do so.  Everyone has a right to due process which means that if you are bringing a lawsuit against someone, they have a legal right to be lawfully notified which means they must be served.  It may sound tempting to try to avoid process service but even if you do, that does not mean your problems just go away – far from it.

Every state has different laws and in Arizona, personal service (where a person physically hands you the legal paperwork) must be attempted first.  If a process server still can’t find the defendant, they may ask the court to be allowed to serve someone else that defendant lives with or even a neighbor.  If this is not an option or not successful, a process server may request to be allowed to place a notice in a public outlet such as a local newspaper.

The thing to understand is, one way or another, the case will move forward, with or without your cooperation. If you avoid process service, all it accomplishes is dragging out a case that takes more time and costs more money, making it more contentious, and potentially putting you at a legal disadvantage. If you are aware that you are going to be served, it is far better to calmly face the situation head-on rather than attempting to avoid process service which may have dire consequences in your life.

What happens if process servers are avoided?

Many documents are delivered during legal proceedings. Process servers are people who file legal documents and retrieve them if necessary. Finding someone to deliver paper will make the work of attorneys less time-consuming.

In that sense, it is not illegal to avoid process service in Arizona. However, it could delay the proceedings indefinitely. First, the court will use personal service to hand the documents directly to the right person.

When they cannot reach the right individuals, servers will take drastic measures to have them delivered with the given time period. This personal service is essential to handle persons who don’t not corporate.

If a person avoids their service, the court will serve notice in the local newspaper. These advertisements will not be removed until the lawsuit is completed. In some cases, services of certified professionals are also accepted to do cross-state deliveries.

What needs to done for paper service?

Avoiding process service will result in the waste of time and money. The court can take legal actions against individuals who avoid a process a bit longer. As such, they only delay the litigation proceedings.

How to serve papers with ease?

People can work with a professional team to ensure that their papers are served in the right time. Their experience and expertise could prove vital for delivering documents in a prompt manner without any complications.

What can process servers do?

Access points

Ideally, process servers won’t try to enter a home through windows. They will do their best to serve a process by accessing the door. But if persons refuse to answer the door, professionals choose to wait in a nearby place or attempt servicing at a workplace or friend’s home. These methods are conducts are lawful in any given situation.

Mailing address

Most states mandate a preferred method of service. One of the most commonly used methods is service by mail. Some states even allow the delivery of documents via couriers to ensure timely delivery. This method is accomplished with an established system and getting a signed receipt from the receiving party.

Service at home

Since adults are aware of the significance of legal documents, process servers may post or tack paperwork to the door. This method is followed if there is no one is physically present to receive the paperwork. For better understanding, they may even a leave a note or sent texts to their contact number.

What process serves cannot do?

Tamper

It is a federal crime to tamper with the mail. Therefore, process serves should not tamper with a legal document. It is illegal because some serves open mailboxes and check the name on each envelope. This detail is an indication for their proof of residency.

Impersonation

Likewise, to tampering, process servers cannot engage in acts of impersonation. They can deceive persons by impersonating as another individual. Some common disguises include delivery persons and sales technicians.