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Knowing and understanding the Arizona rental home eviction process is important whether or not you are managing your own rentals or using a professional property management company. Each state has laws that protect both the tenants as well as the landlords when it comes to eviction. When a tenant stops paying their rent the proper procedure must be taken to evict them or the eviction process can take much longer than necessary. The laws that govern how landlords and tenants should act are found in the "Arizona Residential Landlord And Tenant Act" which is in Arizona Revised Statues, Title 33, beginning at A.R.S. § 33-1301. This article topic is intended to give you a basic understanding of the Arizona eviction process and is not intended as legal advice. Arizona property management company GoRenter always recommends you speak with a qualified real estate attorney or your property manager before beginning an eviction on a tenant. Owning Rental Properties In Arizona Can Be Fun And Profitable But... The first and one of the most important precautionary steps when owning rental homes in AZ is having a proper lease agreement. Most lease agreement are templates that need to have the proper addenda and clauses inserted in them to outline the exact dates on which rent is due as well as the process the tenant needs to take after the rent due date. Any late fees and additional charges must be outlined within the lease agreement so the rental terms are perfectly clear. An experienced investor or Arizona property management company will have an IRON CLAD, proven lease agreement written by real estate attorneys who know and understand Arizona's landlord and tenant laws. If you don't have one you need to contact an Arizona real estate attorney and get one created. You want a lease agreement that protects both the tenant and the landlord within the transaction and helps make the rental, or in the case of the tenant not paying, the eviction process easy to initiate. SIDE NOTE #1: According to the Arizona Residential Landlord Tenant Law if a lease agreement is for 12 months or longer it MUST be in writing. It is still a good idea to have a month-to-month lease in writing in the case you need to go before a judge in a "forcible detainer" lawsuit to evict! SIDE NOTE #2: As a landlord in Arizona do not accept a partial payment from the tenant. By doing so you are waiving your right to terminate the lease that month as well as the right to have the courts evict the tenant for the breach of the lease. You can accept a partial payment if you have a carefully drafted non-waiver addendum to the contract that states you may still proceed with the eviction if the tenant does not pay by a certain date and that you as the landlord still has the right to proceed if the tenant breaches the new terms! The second step in a typical eviction process occurs once the tenant stops paying. If the rent is due on the 1st day of the month but has not been paid, a "5 Day Notice" is given to the tenant

asking them to "Pay Or Quit". This form must have the tenants rent payment history as well as other required information on it for it to be valid. This form basically gives the tenant 5-10 days before the eviction process is started. You must either hand-deliver the five day notice to the tenants, or send it to them by certified or registered mail. It is not considered "received" until the tenant signs for the certified / registered mail or five days after you mailed it...whichever comes first. The third step usually occurs on the 15th day of the month when the legal paperwork is sent off to the local Arizona justice court requesting a court appearance. Usually within 3-5 days a "forcible detainer lawsuit" (the forcible detainer laws can be found in Title 12 of the Arizona Revised Statutes to evict residential tenants) is brought before a judge and if your case is won then the tenant will have a judgment against them in the amount of back rent that is owed and an order to leave the premises. If you "win" the lawsuit the judge will order a Writ of Restitution. This allows you to lock the tenant out of the property the day the writ is served, as well as turn off any utilities the following day! SIDE NOTE #3: If a tenant pays the entire amount of rent, late payments, and any expenses such as court filing fees due before a trial has been commenced, the Arizona Residential Landlord and Tenant Act states that the rental agreement is reinstated. The fourth and final step usually occurs around 4-5 days after the court date when the constable comes and removes the tenants from the property. SIDE NOTE #4: If a tenant moves out and leaves behind any belongings, the landlord must hold the evicted tenant's personal property for twenty-one days beginning on the first day after the writ of restitution is issued. The landlord must take proper inventory of the property by video or photography, you must have a witness, and you must have a written ledger of all the personal property that is signed and dated. Then you must send a notice to the old tenant disclosing the location of their property, the cost of storage, and advise the old tenant that they can retrieve their belongings if they pay for the storage costs and removal costs. SIDE NOTE #5: You cannot demand the tenant to pay for any judgments before releasing their personal belongings. You must give them their property if they pay for storage costs and removal. As you can see this process takes around 20-25 days depending on how busy the local courts are in the area of the Arizona rental home. It also involves filling out and filing the paperwork correctly which is time consuming. A skilled property management company comes in handy when a tenant stops paying and allows the investor to focus on better things other than completing the eviction paperwork correctly and going to court. Knowing and understanding the law is extremely important when choosing to own rental properties in Arizona and can help maximize your return on investment by not wasting time trying to get a non-paying tenant out of the property! If you try and manage your own rentals then make sure you familiarize yourself with the proper lease agreements and addenda needed to protect yourself from future problems. Also get to know a good law firm that specializes in evictions to help you fill out and file the correct paperwork needed to process a clean eviction...otherwise hire a property management company in Arizona that not only knows and understands the eviction process, but can help you with marketing, accounting, repairs and maintenance issues as well.

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