Five Day NoticeThe first step in the eviction process is to get a Five Day Notice served to the tenant. This is a piece of paper telling the tenants that they have five days to pay the rent that is owed or move out of the property, giving you possession back. After that notice is served, the tenants have five days to respond.
Forcible DetainerIf the tenants have not responded after five days, you have the right to go to court and file a forcible detainer, which is basically a lawsuit seeking eviction. The court will set a hearing date and invite the tenant and the landlord to court. The judge will ask questions of both parties. The landlord can expect questions about whether there is a lease in place and if the Five Day Notice was sent. The tenant will be asked about the lease and why rent hasn’t been paid. The result is usually that the landlord will receive a judgment against the tenant. Then, the tenant will have to leave the property.
Involving the ConstableIf the tenant does not leave, in another five days you can go back to court and file another document telling the court that the tenant did not leave. The judge will order the Constable to go to your property and remove the tenant. You will meet the Constable there to change the locks, and the tenant will be required to leave.
This is a basic introduction to how to evict a tenant in Arizona. For more information, please contact us at Beehive Property Management. We serve the Phoenix area, including Gilbert, Mesa, Chandler, Peoria, and Glendale.