Arizona Residential Evictions
Before you can file an eviction lawsuit, you must serve your tenant with the proper form of notice. The type of notice varies depending on the type of breach. If you would like us to prepare and serve a notice on your tenant, follow this link. If you have served your tenant with a notice and want to retain an attorney to handle the eviction lawsuit, this is the place to start.
Most residential evictions are filed in Justice Court. Arizona Justice Courts have a $10,000 jurisdictional limit. If you seek more than $10,000 in unpaid rent and late fees the eviction lawsuit must be filed in Superior Court. We handle Superior Court evictions for client, but even if your past due rent and late fees do exceed $10,000 you may want to consider reducing your back rent claim and filing in Justice Court. The deciding factor should be whether or not you believe it would be possible to collect a judgment in excess of $10,000 from your tenant after you win the lawsuit.
Our advance fee for a Justice Court eviction is $475. First we evaluate your evidence. We will let you know if we need additional information. When the case is ready to be filed we draft the summons and complaint and appear for you in court at the initial hearing on the eviction. From your fees we pay the court filing fee and service of process. In roughly 95% of the cases we are able to obtain a judgment for you at the initial hearing.
If your tenant demands a trial, the judge attempts to determine whether or not there are facts in dispute before setting the case for trial. If the judge believes there are facts in dispute, the case gets a trial date three to five working days in the future. We will let you know if the court sets the matter for trial and work with you to prepare for trial. If the date selected by the court for the trial does not work with your schedule, we can file a motion on your behalf to continue the trial to another day. If you are an out-of-state landlord, it is possible to appear at the trial telephonically. We must make a motion for telephonic appearance with the court and get the court’s approval for a telephonic appearance. There is an additional fee of $250 for the trial or each subsequent court appearance after the initial hearing. We represent you at the trial.
After we obtain an eviction judgment on your behalf, the judgment orders the tenant out of the property within five days. If they remain in the property after five days, at your request we will prepare a writ of restitution to be issued by the court and file it for service by a constable. Constables are peace officers and if necessary, they can remove your tenants from the property. If the constable removes your tenant from the property you then have to deal with your former tenants “abandoned” property left behind. Arizona law establishes a specific procedure a landlord must follow to deal with a former tenant’s abandoned property.
We Provide Turnkey Eviction Services
We can do it all for you. In the vast majority of the cases you won’t need to go to court. If there is a trial, we help you prepare and present the evidence for you. We can even meet the constable at the property for you when the writ is served and change the locks on your behalf. When it comes time to collect your judgment, we can handle that.
How to Retain Us to Represent you on an eviction case
Follow the link below to our engagement form. The form collects all the information we need. Fill in the form, read the terms of our engagement and click on the “Submit” button at the end of the form. The engagement describes exactly what we will do for you. Most clients pay by credit card, but it is possible to pay by check. Click here to hire us for your eviction.