What is an Eviction?
According to Investopedia: an eviction is the civil process by which a landlord may legally remove a tenant from their rental property. Eviction may occur when the tenant stops paying rent, when the terms of the rental agreement are breached, or in other situations permitted by law.
Evictions in the United States are governed by individual states and certain municipalities. Landlords are required to inform tenants they are being evicted with a notice that specifies the reason for the eviction and the number of days before eviction proceedings begin.
In Arizona an eviction may also occur after the property owner defaults on their mortgage and the property is sold at a public auction. The new owner may evict the old owner.
Quick Links to Articles & Resources
There are two Residential Landlord and Tenant Acts in Arizona, one for normal rental homes and the other for renters in Mobile Home Parks.
The Residential Landlord and Tenant Act was designed to govern the leasing of dwelling units as well as the rights and obligations of landlord and tenant. The document is available for free download. There is currently no governmental body that enforces the Act's requirements, and because most landlord/tenant relationships are private transactions, landlord/tenant conflicts are often regarded private affairs. The Document links section provides links to the document in.pdf and Word formats.
Read More by visiting the link below:
Arizona Landlord-Tenant Residential Act
n Arizona Forcible Entry and Detainer is a legal action that can be taken by a landlord or property owner if an existing occupant refuses to leave after being given adequate notice. This occupier could be a tenant or the original owner of a home that was foreclosed or sold in a trustee's sale. If the property is residential (ARS 33-1377) or non-residential (ARS 33-361), the laws regulating forcible entry and detainer actions are different (ARS 33-361).
Read more about Arizona Eviction by visiting the link below:
Visit the link below to read more about Arizona Forcible Entry & Detainer or "Eviction" laws, case law and access relevant links and articles to eviction in Arizona.
To obtain answers to frequently asked questions about Arizona eviction. Visit the link below:
There are three situations a landlord should be aware of when dealing with tenant property left in a rental home or apartment. These involve the tenant moving and returning the keys to the landlord, the tenant abandoning the rental premises and the tenant being court ordered, evicted and locked out of the property.
Read the full article by visiting the link below:
"Dealing with Tenant Possessions and Personal Property", By Andy Hull, Arizona Attorney
Read about the two types of tenancies, residential and non-residential (businesses).
visit Termination of Tenancies
Know what a Arizona residential evictions – forcible entry and detainer or "FED" is by watching this video.
What is a Forcible Entry and Detainer (FED)?
A Forcible Entry and Detainer in Arizona is a legal action that a landlord or property owner might take if a current occupant refuses to leave after being given due notice.
There is an Arizona forcible detainer if any of the following are true:
A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord.
The tenant of a person who has made a forcible entry refuses for five days after written demand to give possession to the person upon whose possession the forcible entry was made.
A person who has made a forcible entry upon the possession of one who acquired such possession by forcible entry refuses for five days after written demand to give possession to the person upon whose possession the first forcible entry was made.
A person who has made a forcible entry upon the possession of a tenant for a term refuses to deliver possession to the landlord for five days after written demand, after the term expires. If the term expires while a writ of forcible entry applied for by the tenant is pending, the landlord may, at his own cost and for his own benefit, prosecute it in the name of the tenant.
Clients from all across Arizona have put their trust in us
Thank you so much for your help
"Thank you so much for your help." S. Thank you so much for your help. I feel very good about my decision and I’m so very glad I chose you to represent me.
There will never be a way to repay all you did for us
"There will never be a way to repay all you did for us." J & P I thought lawyers were all greedy. You made sure we could afford your fees which allowed us to keep our car. There will never be a way to repay all you did [...]
Top Notch Representation, Personalized Service
“Top Notch Representation, Personalized Service! ” T.M. Diane Drain personally answers her incoming calls! Every individual has their own specific reasons for seeking bankruptcy protection. I enlisted Ms. Drain's assistance and from that first consult I realized that this was not your typical "legal factory" churning out [...]
Diane is very smart, patient, kind and sincere
Diane has a very calm confidence because she knows the laws inside and out. L.D. Diane is very smart, patient, kind and sincere. I am a better person for knowing her. I was so nervous to call and start the process but Diane made everything seem easy. [...]
I Leaned on Diane’s Expertise
“Diane Took the Time to Drop Great Wisdom and Insight for my Situation. ” D. C. I called to lean on Diane’s expertise around trust deed financing (even though it’s not her primary practice focus) and she took the time to drop great wisdom and insight for [...]
We can’t say enough good things about Diane Drain
"Great Team - Diane & Jay. If ever there is a question she is there to answer it." K & C GREAT TEAM – DIANE AND JAY. We can’t say enough good things about Diane Drain. My wife and I were at a point that we were devastated [...]
Made the Bankruptcy process very understandable and helpful
“Made the Bankruptcy process very understandable and helpful” P.H. Diane’s expertise and solid experience and instructions made my entire Bankruptcy process very understandable and helpful! Her guidelines helped tremendously. The entire process would have daunting without her professional help. Anytime I need any professional legal help in [...]
Highly recommend Diane and Jay
Highly recommend Diane and Jay. C.T. Diane and Jay were not only very knowledgeable and patient, but they took time to educate me and point me to the resources I needed. Diane and Jay walked me through every step and worked with me through any confusion or [...]
Diane, Thank you so much!
"Diane, Thank you so much!" G.S. Diane, Thank you so much! You did a fantastic job and made this complex process so easy to understand. As you know I interviewed a different Attorney first. I’m so happy I choose you! You are by far the most informed person on [...]
You were brilliant!
"You were brilliant!!" G. I will never forget what you’ve done for me. You were brilliant!Thank you.
I really felt I could trust you
"I really felt I could trust you!" Excess Sales Proceeds, P. EXCESS SALE PROCEEDS: P. and I would like to thank you both, especially you Jay, for all the work you did in obtaining our Excess Funds check today. You somehow managed to get this done between January [...]
You made sure we could afford your fees
"You made sure we could afford your fees." J & P I thought lawyers were all greedy. You made sure we could afford your fees which allowed us to keep our car. There will never be a way to repay all you did for us. [...]
Diane and Jay were very knowledgeable, professional and supportive
"Diane and Jay were very knowledgeable, professional and supportive!" April Filing bankruptcy was a very difficult choice and experience. But, Diane and Jay were very knowledgeable, professional and supportive throughout the process. Your team made the honor roll in a perfect grade.
You will have to put in the required time and effort, but Diane’s processes and methodology does work
“You will have to put in the required time and effort, but Diane’s processes and methodology does work” A & N.S. I have worked in the demanding High Technology Industry for over 40 years and have been involved with many stressful and high pressure business situations worldwide. [...]
Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing.
“Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing. ” D.S. I've never had to consult a bankruptcy attorney before but recently had to do just that on behalf of a family member. Although we decided to not go through with [...]
We were extremely pleased
"We were extremely pleased!" Anonymous We were extremely pleased with the quality and level of support you and Jay provided. We had shopped around a bit before contacting you and once we did the comparison with other attorneys and bankruptcy “mills” was extremely and significantly positive. [...]
Diane helped me retain my dignity
"Diane helped me retain my dignity ." S & A *Diane helped me retain my dignity during a very uncomfortable time. I am very grateful.
caring service
“You folks are the BEST OF THE BEST in Arizona” M.H. "caring service" M.C.
Beyond the Bankruptcy Paperwork: It’s Not Just Filling Out Forms, and Understanding The Attorney’s Role
Many people, including inexperienced attorneys, think that bankruptcy is simple. To quote a first-year law student on their first day in bankruptcy class, "It is [...]
A Cautionary Tale for Arizona Homeowners
After 100 Years of Protecting Homeowners, Arizona's Law Changes to Give Creditors New Rights to Take Your Home Depending on the [...]
The Lowdown on Business Bankruptcy: What You Need to Know
Bankruptcy is a complex process that can have significant implications for your business and personal finances. Before considering business bankruptcy as an option for [...]
How to Safeguard Yourself from Debt Relief Scams
In today's consumer landscape, credit cards are the normal tools for managing finances and making purchases. However, having credit card debt can lead to [...]