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
Rated high among her peers
"Rated high among her peers" Anonymous Ms. Drain helped make a very difficult time more bearable. She treated us with the utmost respect and caring while pushing us to get together the paperwork needed to get us to the best possible end result. It was very obvious [...]
Best Bankruptcy Attorney in Phoenix!
“Best Bankruptcy Attorney in Phoenix!” Anon It was such a pleasure working with Diane through this difficult process. Diane is a wonderful attorney who not only knows the bankruptcy law inside and out, but is very compassionate and explains everything in detail through each step of the [...]
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 [...]
Diane Helped Me Understand the Process
“She helped me understand why and how certain steps were necessary...” N.G.. I greatly appreciated Diane's thoroughness and ability to explain the process. She helped me understand why and how certain steps were necessary which reassured me that this was the right decision to make and that [...]
Her team did a fantastic job taking care of my case
"Her team did a fantastic job taking care of my case" C.C. Diane helped me with my Bankruptcy and it was one the more complicated ones where the trustee asked for quite a bit of information and she and Jay did a fantastic job taking care of [...]
You gave us great guidance
“You gave us great guidance.” J.B. Thank you !!! Diane and Jay for all your help. I would highly recommend your services. You were very caring and helpful during the whole process. You gave us great guidance through a very stressful time. We appreciate it. [...]
Experience more comfortable and professional than expected
“Experience more comfortable and professional than expected” D & D.S. Our experience with you as council was so much more comfortable and professional than I expected. You are simply the best. I recommend anyone who has the unfortunate situation of being faced with bankruptcy to seek your [...]
If you do your work (make sure everything is accurate) she will do hers and you will have great results
If you do your work (make sure everything is accurate) she will do hers and you will have great results. C & P Diane is a great attorney that made our BK experience as smooth as possible. Before seeing Diane, we went to another attorney who told [...]
I input the information online and then received timely help from her office when needed.
"I input the information online and then received timely help from her office when needed.." L.H. “When I was looking for a bankruptcy attorney, I visited four large and small firms. Diane Drain was the most informative. I appreciated her very educational website and was prepared with questions when [...]
It is a lot of work to prepare, but….we are more prepared for a better future
"It is a lot of work to prepare, but….we are more prepared for a better future" L & A.Q. My wife and I would like to thank Diane and Jay for their hospitality, thoroughness and patience. With the hard decision of wanting to file bankruptcy, they showed [...]
My Attorney Was Disbarred, Diane Jumped in to Help.
“Diane has been a G_d send to me. My previous attorney was disbarred and I had a hearing before the Bankruptcy (Judge not the Trustee). Diane jumped in. Attended my court date and has taken care of me from there. . ” M.W. Diane has been a [...]
Filing for bankruptcy can be a stressful life event
“Filing for bankruptcy can be a stressful life event” R.A. Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people [...]
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.
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.
Thank you for helping us through such a difficult time
"Thank you for helping us through such a difficult time!" G & S Thank you for helping us through such a difficult time. You patience and expertise was comforting and we knew that we were in very good hands.
Diane had kind words to comfort despite our horrible circumstances
“Give her a call if you don't know where to turn.... ” B.G. Diane was an exceptionally nice lady and very courteous to my wife and I as we requested help. She had kind words to comfort despite our horrible circumstances. She gave us great advice and [...]
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 [...]
This attorney educates clients
"This attorney educates clients!" Anonymous This attorney educates clients on the bankruptcy process and helps them correctly complete the steps needed to reach the end of the process in a timely manner. She is thorough, professional and compassionate.
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 [...]