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. [...]
She is an expert in her field and compassionate.
“Quality and compassion. ” S. She is an expert in her field and compassionate. She listens and provides good advice. She will help you resolve difficult circumstances. S.
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 [...]
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 [...]
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 [...]
I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!
“I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!” S.C. I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!! If you're serious about filing for bankruptcy than I suggest you go with Diane Drain!!! From [...]
thank you for all of your help
"thank you for all of your help" C.S. As difficult as this entire process was emotionally and physically bringing everything together my experience with you has been amazing and much easier than I thought it would be thank you for all of your help. [...]
She helped us to pick up the pieces of our lives
"She helped us to pick up the pieces of our lives" Posted on AVVO Anonymous *Diane Drain and her staff have guided us through the rough terrain of a bankruptcy. From the beginning of this process, to an end that is quite near, Ms. Drain has provided the highest [...]
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 [...]
Diane is very compassionate and comforting
"Diane is very compassionate and comforting." Anonymous Diane is very compassionate and comforting. She made a very difficult process much easier for us. Rate Ms. Drain’s services: 5.0 out of 5.0
Following her guidance help make the process as smooth as possible
“Following her guidance help make the process as smooth as possible” D.K. Diane is extremely knowledgeable about the whole process. Following her guidance help make the process as smooth as possible. Throughout the process she treated me with the upmost in respect and professionalism. [...]
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 [...]
ow I can finally breathe easy and deep again
"I can finally breathe easy and deep again." J. Thank you so so much for all your help and understanding. Especially in the beginning when I had so many questions and you were so very patient with me. I felt that you were very upfront about everything, letting [...]
They are experienced and professional
"They are experienced and professional!" M & J Diane and Jay helped my wife and I get past a difficult chapter in our lives. They are experienced and professional. They answered all our questions and gave us excellent advice. We followed there directions from start to finish and the [...]
Words cannot express the gratitude!
"Words cannot express the gratitude!" Anonymous Words cannot express the gratitude we have for you! Rate Ms. Drain’s services: 5.0 out of 5.0.
Diane and Jay were both very helpful and promptly answered questions that came up
"Diane and Jay were both very helpful and promptly answered questions that came up" N.F. Diane and Jay were both very helpful and promptly answered questions that came up either via return phone call, email or both. They both were very knowledgeable about the whole process and [...]
Free consultation and we are ever so grateful
free consultation and we are ever so grateful. C.M. Diane gave invaluable advice during the free consultation and we are ever so grateful. If and when the time comes to pursue further actions financially, Diane is without-a-doubt the one who will guide us. Thanks again! [...]
If only you knew how much you changed our lives
"If only you knew how much you changed our lives!" B & J. If only you knew how much you changed our lives. I can sleep through the nite, answer my phone and door without worrying who would be on the other side. Bankruptcy was not an easy [...]
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 [...]





