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
Diane guided and supported me throughout the challenges of bankruptcy
"Diane guided and supported me throughout the challenges of bankruptcy." April Diane Drain and her staff are exceptionally knowledgeable, professional, and responsive. Diane guided and supported me throughout the challenges of bankruptcy in a very supportive and respectful manner. Diane has earned my trust, recommendation, and highest regard. [...]
Diane’s steady hand, expertise and cool head, got us on the right track
“Diane’s steady hand, expertise and cool head, got us on the right track.” P.R. Our lives were spinning out of control. We were trying all kinds of “quick fix” gimmicks to get our finances in order following employment challenges and being small business [...]
Thanks for your professional and compassionate treatment
"Thanks for your professional and compassionate treatment." M & B Thanks for your professional and compassionate treatment of B. and myself. It was a pleasure working with you. As you are well aware, this was a very trying and sometimes painful 6 months but you helped us get [...]
Rate Ms. Drain’s services: 5.0 out of 5.0
"Rate Ms. Drain’s services: 5.0 out of 5.0" Anonymous When I was looking for a bankruptcy attorney, the U.S. Courts’ website had some Phoenix attorney’s listed. I visited one in person and the then read Ms. Drain’s site. The in-person attorney gave me a 2 inch stack of papers [...]
I will never forget how much they helped me get my life back.
I will never forget how much they helped me get my life back. R.A. As you can imagine, filing for bankruptcy can be stressful. Finding the right attorney can add to this stress. Working with Diane and Jay to guide me through this difficult process was the [...]
Thank you
“Thank you.” N.L. Thank you speaking with me and for the advice given. Wish I would have found you to begin with.
Five Stars is Not Enough.
“Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I'd had a very negative experience with my former counsel and from Day [...]
Diane uses her website to promote the education of the bankruptcy process available to everyone
“Diane uses her website to promote the education of the bankruptcy process available to everyone” T & G. W. We found ourselves in a financial tsunami 2 yrs ago. No matter how we did things the financial outlook was getting worse and worse. We finally decided we [...]
I would not hesitate to recommend Mr. Drain to anyone
"I would not hesitate to recommend Mr. Drain to anyone" R. It became necessary for me to file bankruptcy in earlier this year. While I was contemplating that action, I interviewed with several attorneys to determine their attitudes and work habits. In all but one I felt that the [...]
Extremely competent representation and explanations
"Extremely competent representation and explanations!" K.M. 5 Star service and representation from Diane and Jay. Extremely competent representation and explanations of the legal process and how to prepare for the filing. True compassion shown to those going through a very difficult time in their lives. Diane is obviously respected [...]
You were the main catalyst that made a very emotionally draining time very bearable
"You were the main catalyst that made a very emotionally draining time very bearable." M & B Just a quick note to say Thank You! We received our discharge paperwork this week and it has been a huge burden lifted off of our shoulders. I want to thank [...]
My wife and I would highly recommend this lawyer!
"My wife and I would highly recommend Diane Drain" B & D My wife and I would highly recommend Diane Drain to any one who is considering bankruptcy. She handled our case professionally and in a very timely manner. Diane and her team made a long, frustrating process [...]
My experience was great
"My experience was great" J.H. My experience was great! Diane was very professional and dedicated to helping me with everything I needed. Outstanding! I would recommend her firm to my friends.
Diane has a very calm confidence because she knows the laws inside and out
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. [...]
Diane and Jay are caring professionals providing exemplary representation
“I found the Law Office of D.L. Drain to be caring professionals providing exemplary representation…” R.B. Disability and subsequent early retirement caused a growing realization of the need to pursue bankruptcy. I started the process of selecting an attorney with fear and trepidation. [...]
Diane made this whole process a lot less scary
"Diane made this whole process a lot less scary" L.S. Diane made this whole process a lot less scary and answered all my questions in a way that made me feel like this really wasn’t the end of the world for me. I would highly recommend her [...]
What a huge relief to be released from the financial burden
“If you follow everything she says the process is easy and stress free.” J.E. Don’t hesitate, call Diane! Diane has been a huge lifesaver! I reached out to Diane through a Google search when the existing law firm I had started with wasn’t communicating with me. She [...]
Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money.
“Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money. ” G.G. Diane was great at coming to our rescue during very stressful times… Dianne and her team were always in good communication and they always [...]
Discharge in Bankruptcy – the basics
Reprint from the United States Bankruptcy Court The bankruptcy discharge varies depending on the type of case a debtor files: Chapter 7, 11, 12, or [...]
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 [...]





