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Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

Diane L. Drain | Arizona Bankruptcy Lawyer

Eviction Articles & Links

Resources and links to information about eviction

Eviction Articles & LinksSite Producer2022-08-23T11:45:14-07:00

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:

Arizona Eviction overview

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.

Arizona Eviction Law

To obtain answers to frequently asked questions about Arizona eviction. Visit the link below:

Arizona eviction FAQs

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.

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