| Knowing and understanding the Arizona rental | | | | registered mail. It is not considered "received" until |
| home eviction process is important whether or | | | | the tenant signs for the certified / registered mail |
| not you are managing your own rentals or using a | | | | or five days after you mailed it...whichever comes |
| professional property management company. | | | | first. |
| Each state has laws that protect both the tenants | | | | The third step usually occurs on the 15th day of |
| as well as the landlords when it comes to eviction. | | | | the month when the legal paperwork is sent off |
| When a tenant stops paying their rent the proper | | | | to the local Arizona justice court requesting a |
| procedure must be taken to evict them or the | | | | court appearance. Usually within 3-5 days a |
| eviction process can take much longer than | | | | "forcible detainer lawsuit" (the forcible detainer |
| necessary. The laws that govern how landlords | | | | laws can be found in Title 12 of the Arizona |
| and tenants should act are found in the "Arizona | | | | Revised Statutes to evict residential tenants) is |
| Residential Landlord And Tenant Act" which is in | | | | brought before a judge and if your case is won |
| Arizona Revised Statues, Title 33, beginning at | | | | then the tenant will have a judgment against |
| A.R.S. § 33-1301. This article topic is intended | | | | them in the amount of back rent that is owed |
| to give you a basic understanding of the Arizona | | | | and an order to leave the premises. If you "win" |
| eviction process and is not intended as legal | | | | the lawsuit the judge will order a Writ of |
| advice. Arizona property management company | | | | Restitution. This allows you to lock the tenant out |
| GoRenter always recommends you speak with a | | | | of the property the day the writ is served, as |
| qualified real estate attorney or your property | | | | well as turn off any utilities the following day! |
| manager before beginning an eviction on a tenant. | | | | SIDE NOTE #3: If a tenant pays the entire |
| Owning Rental Properties In Arizona Can Be Fun | | | | amount of rent, late payments, and any |
| And Profitable But... | | | | expenses such as court filing fees due before a |
| The first and one of the most important | | | | trial has been commenced, the Arizona Residential |
| precautionary steps when owning rental homes in | | | | Landlord and Tenant Act states that the rental |
| AZ is having a proper lease agreement. Most | | | | agreement is reinstated. |
| lease agreement are templates that need to have | | | | The fourth and final step usually occurs around |
| the proper addenda and clauses inserted in them | | | | 4-5 days after the court date when the constable |
| to outline the exact dates on which rent is due as | | | | comes and removes the tenants from the |
| well as the process the tenant needs to take | | | | property. |
| after the rent due date. Any late fees and | | | | SIDE NOTE #4: If a tenant moves out and leaves |
| additional charges must be outlined within the | | | | behind any belongings, the landlord must hold the |
| lease agreement so the rental terms are | | | | evicted tenant's personal property for twenty-one |
| perfectly clear. An experienced investor or | | | | days beginning on the first day after the writ of |
| Arizona property management company will have | | | | restitution is issued. The landlord must take proper |
| an IRON CLAD, proven lease agreement written | | | | inventory of the property by video or |
| by real estate attorneys who know and | | | | photography, you must have a witness, and you |
| understand Arizona's landlord and tenant laws. If | | | | must have a written ledger of all the personal |
| you don't have one you need to contact an | | | | property that is signed and dated. Then you must |
| Arizona real estate attorney and get one created. | | | | send a notice to the old tenant disclosing the |
| You want a lease agreement that protects both | | | | location of their property, the cost of storage, |
| the tenant and the landlord within the transaction | | | | and advise the old tenant that they can retrieve |
| and helps make the rental, or in the case of the | | | | their belongings if they pay for the storage costs |
| tenant not paying, the eviction process easy to | | | | and removal costs. |
| initiate. | | | | SIDE NOTE #5: You cannot demand the tenant to |
| SIDE NOTE #1: According to the Arizona | | | | pay for any judgments before releasing their |
| Residential Landlord Tenant Law if a lease | | | | personal belongings. You must give them their |
| agreement is for 12 months or longer it MUST be | | | | property if they pay for storage costs and |
| in writing. It is still a good idea to have a | | | | removal. |
| month-to-month lease in writing in the case you | | | | As you can see this process takes around 20-25 |
| need to go before a judge in a "forcible detainer" | | | | days depending on how busy the local courts are |
| lawsuit to evict! | | | | in the area of the Arizona rental home. It also |
| SIDE NOTE #2: As a landlord in Arizona do not | | | | involves filling out and filing the paperwork |
| accept a partial payment from the tenant. By | | | | correctly which is time consuming. A skilled |
| doing so you are waiving your right to terminate | | | | property management company comes in handy |
| the lease that month as well as the right to have | | | | when a tenant stops paying and allows the |
| the courts evict the tenant for the breach of the | | | | investor to focus on better things other than |
| lease. You can accept a partial payment if you | | | | completing the eviction paperwork correctly and |
| have a carefully drafted non-waiver addendum to | | | | going to court. Knowing and understanding the law |
| the contract that states you may still proceed | | | | is extremely important when choosing to own |
| with the eviction if the tenant does not pay by a | | | | rental properties in Arizona and can help maximize |
| certain date and that you as the landlord still has | | | | your return on investment by not wasting time |
| the right to proceed if the tenant breaches the | | | | trying to get a non-paying tenant out of the |
| new terms! | | | | property! If you try and manage your own |
| The second step in a typical eviction process | | | | rentals then make sure you familiarize yourself |
| occurs once the tenant stops paying. If the rent | | | | with the proper lease agreements and addenda |
| is due on the 1st day of the month but has not | | | | needed to protect yourself from future problems. |
| been paid, a "5 Day Notice" is given to the tenant | | | | Also get to know a good law firm that specializes |
| asking them to "Pay Or Quit". This form must | | | | in evictions to help you fill out and file the correct |
| have the tenants rent payment history as well as | | | | paperwork needed to process a clean |
| other required information on it for it to be valid. | | | | eviction...otherwise hire a property management |
| This form basically gives the tenant 5-10 days | | | | company in Arizona that not only knows and |
| before the eviction process is started. You must | | | | understands the eviction process, but can help |
| either hand-deliver the five day notice to the | | | | you with marketing, accounting, repairs and |
| tenants, or send it to them by certified or | | | | maintenance issues as well. |