How to Evict a Tenant in Arizona

There are various reasons that you may need to evict a tenant in Arizona, but you need to follow the process exactly in order to avoid a lawsuit from your renter. Note that everything must be recorded in writing in order to be considered legal. In most cases, you are advised to seek assistance from a lawyer before starting the eviction process, but you should first know the main types of notice that you can give to your tenant.

Forcible Detainer for Nonpayment of Rent

If your tenant is late on the rent with no explanation, and you would rather evict than work out a payment plan, you can send a letter that states the balance owed. If your tenant wants to give you some of the rent owed for now, you should not accept it without requiring them to sign a Partial Payment Waiver. Otherwise, it could be determined in court that you accepted the partial payment in lieu of the entire amount, and therefore cannot evict. You cannot begin eviction proceedings until ten days after you mail the notice, or five days after the tenant signs for it. If the tenant does not pay within this timeframe, you can head to the county courthouse to file an unlawful detainer action for nonpayment.

Immediate Termination Due to Criminal Activity or Property Damage

If you need to evict a tenant due to criminal activity or serious property damage, you should talk to your lawyer first. Make sure that the activity is severe enough to allow you to serve an eviction notice, as some actions are not considered serious enough to do so. You will also need proof of the damage or criminal activity, such as witnesses, police reports, security guard logs, and contact information of the guard or officer who was on-duty. Once you have sufficient evidence, you can serve an eviction notice that includes the details of the issues, such as what exactly occurred and when. Do not talk to the tenant or accept rent payments until you have spoken to your lawyer, as making certain statements or even taking rent money can stop the eviction process.

Eviction for Noncompliance of Rules

If your tenant has broken at least one rule, you can serve them with an eviction notice that requires them to leave the premises within ten days. The notice must include details about which rule they have broken, and you will need to have pictures and witnesses to have the best chances of winning the case. Of course, you will need to appear in court to defend your statements, so be prepared for the tenant to show up and dispute your claims.

Get the Help of a Lawyer

Before you file for eviction in Arizona, it is important to speak with a lawyer to make sure that you are following the process correctly. Threatening the tenant or accepting payment just before you try to evict can severely jeopardize your case. In some cases, you may even be forced to pay the tenant for wrongdoing if you do not follow the process before you evict. Therefore, having a lawyer on your side is crucial.

There are various reasons that you may need to evict a tenant in Arizona, but you need to follow the process exactly in order to avoid a lawsuit from your renter. Note that everything must be recorded in writing in order to be considered legal. In most cases, you are advised to seek assistance from a lawyer before starting the eviction process, but you should first know the main types of notice that you can give to your tenant in Arizona.

Forcible Detainer for Nonpayment of Rent

If your tenant is late on the rent with no explanation, and you would rather evict than work out a payment plan, you can send a letter that states the balance owed. If your tenant wants to give you some of the rent owed for now, you should not accept it without requiring them to sign a Partial Payment Waiver. Otherwise, it could be determined in an Arizona court that you accepted the partial payment in lieu of the entire amount, and therefore cannot evict.

In Arizona, you cannot begin eviction proceedings until ten days after you mail the notice, or five days after the tenant signs for it. If the tenant does not pay within this timeframe, you can head to the county courthouse to file an unlawful detainer action for nonpayment.

Immediate Termination Due to Criminal Activity or Property Damage in Arizona

If you need to evict a tenant due to criminal activity or serious property damage, you should talk to an Arizona lawyer first. Make sure that the activity is severe enough to allow you to serve an eviction notice, as some actions are not considered serious enough to do so. You will also need proof of the damage or criminal activity, such as witnesses, police reports, security guard logs, and contact information of the guard or officer who was on-duty.

Once you have sufficient evidence, you can serve an eviction notice that includes the details of the issues, such as what exactly occurred and when. Do not talk to the tenant or accept rent payments until you have spoken to your lawyer, as in this state, making certain statements or even taking rent money can stop the eviction process.

Eviction for Noncompliance of Rules in Arizona

In Arizona, if your tenant has broken at least one rule, you can serve them with an eviction notice that requires them to leave the premises within ten days. The notice must include details about which rule they have broken, and you will need to have pictures and witnesses to have the best chances of winning the case. Of course, you will need to appear in court to defend your statements, so be prepared for the tenant to show up and dispute your claims.

Get the Help of a Lawyer

Before you file for eviction in Arizona, it is important to speak with a lawyer to make sure that you are following the process correctly. Threatening the tenant or accepting payment just before you try to evict can severely jeopardize your case. In some cases, you may even be forced to pay the tenant for wrongdoing if you do not follow the process before you evict. Therefore, having a lawyer on your side is crucial.