ARIZONA EVICTION LAW – Initial guide to protect your rights.
On occasions, a landlord (LL) may want to evict their tenants (T). Sometimes T may have a defense to that eviction. Who wins and who loses in court is determined by a specific set of court rules (Arizona Rules of Eviction Procedures) and the law (Arizona Landlord and Tenant Act), and your Contract. These rules and laws are designed to fairly protect the rights of both party – but the more you know about the law, the better you can protect yourself. It is your job. To assist you in protecting your rights and property, this initial guide will:
- Layout a broad view of eviction law.
- Direct you to the Arizona Courts website for more specific information.
- Provide (from the web) the forms to file in court.......................... So, let’s get started.
FIRST, Pick the type of eviction law that controls your case.
There are four different types of evictions. Pick the right type, as the laws are different.
- Commercial, meaning this is not a residential agreement.
- Residential, meaning renting a building to live and sleep in.
- Mobile-Home Park, meaning the LL owns the land, and the tenant owns the home.
- Long-term RV, meaning the RV (not mobile home) is staying for 6-months or more.
SECOND, Know the reason for your eviction (so you can prepare the right evidence). There are multiple reasons a landlord my start an eviction. These reasons include;
- Rent is not paid
- One party has caused a problem that affects the health or safety of others.
- Some party is not adhering to the rental contract in some manner (like pets…).
- Tenant has violated a serious law. These are certain laws named in the statutes.
- Either LL or T, could simply want to end the tenancy, if not contrary to contract.
THIRD, Arizona is a “notice” state. That means that before LL can evict, they must give specific information (notice) to the T of the contract violation, AND allow the tenant time to “cure.” This is not an “Eviction.” It is notice to fix the problem, or LL will later evict if it isn’t fixed. The law states that each different reason (above) has a different amount of time allowed to cure the problem. Only after that specific time runs out without a cure can LL file in court.
ALSO – This “notice” has to be given in very specific ways. If LL does it differently, the case must be dismissed. See the website for more specific information on “giving legal notice.”
FOURTH, If the contract issue is not corrected (as above), LL may go into court and “file” a Complaint in Eviction. This Complaint must then be “Served” on T. As with Notice, this service must be done in specific ways that makes it a “Legal Service.”
FIFTH, Take advantage of the eviction information available on Arizona’s website. This includes the “how” and “why” of the rules and laws to help your case. Then fill out your Forms there, print, and file them in court.
Go to: www. azcourthelp.org
Scroll down & click on: Evictions
Click on: Landlord or Tenant.
- On the right, see Education selections …… (Provides explanations about rules & laws)
- Use the education sections to prepare for your case.
- On the left see Forms to selection. …………. (Notice, Complaint, Answer, etc.)
- Fill in these forms to “print.” Then “file” your form in court.
If you do not have access to the internet, the court staff may be able to assist you with information and forms.