Writ Of Restitution
After a landlord gets a judgment against a tenant the court can issue a writ to remove the tenant. The judgment will order the tenant to leave the premises within five days. If they don’t voluntarily leave after you get a judgment you need the writ.
The writ is optional. The court doesn’t “issue” the writ unless you request it. The writ empowers a peace officer to physically remove a tenant from a specific piece of real property. After the writ is issued by the court it must be delivered to a peace officer for service.
For Justice Court judgments a constable typically serves the writ. For Superior Court judgments the Sheriff typically serves the writ. Both the constable and the sheriff charge a fee to serve the writ. The court also charges a fee to issue the writ.
Writs for Residential Property
If we didn’t handle your eviction case, we can still do the writ for you, just follow this link. If we did your eviction case, contact the legal assistant assigned to your case and tell him or her that you need the writ.
Repossession Service – We Meet the Constable or Sheriff for You
We can meet the constable or sheriff at the property on your behalf. Arizona law specifies a procedure to deal with a tenant’s abandoned property. We can meet the constable or sheriff for you if you are an out of state landlord or an Arizona landlord who wants to make sure the property repossession conforms to Arizona law. Follow this link to hire us to recover possession of your residential property.
Writs for Commercial Property
Arizona law allows commercial landlords to lock-out tenants without the need to obtain an eviction judgment. Most commercial leases preserve this right for the landlord. So, in most cases tenants can be removed without the need to file an eviction lawsuit or use the writ process. But, if you want to obtain a money judgment against your tenant, the quickest, most costs effective method to do that is with an eviction lawsuit.
Don’t Have a Judgment Yet?
Visit our Eviction Pages
What do I do with all my tenant’s abandoned Stuff?
It depends on whether they abandoned the property before the writ is served, or after the writ is served. But, we can give you the information you need to comply with Arizona law.