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WHAT IS A FORCIBLE ENTRY & DETAINER “EVICTION”?
What is a Forcible Entry and Detainer?
A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee’s sale. The laws governing forcible entry and detainer actions are different if the property is residential (ARS 33-1377) or non-residential (ARS 33-361).
The tenant/occupant receives a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy – whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a very short notice period before a court hearing.
NON- RESIDENTIAL TERMINATION OF TENANCY
NON-RESIDENTIAL TERMINATION OF TENANCY (NOTE THE FOLLOWING MAY NOT BE ACCURATE AND DOES NOT CONTAIN ALL THE LAW