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
whole process went very smoothly from beginning to end
"whole process went very smoothly from beginning to end." Anonytmous We filed for chapter 7 bankruptcy and the whole process went very smoothly from beginning to end. This was thanks to Ms. Drain who was caring, professional and committed to making sure that we fully understood the bankruptcy [...]
I never felt ashamed about my decision because you were so kind to me
"I never felt ashamed about my decision because you were so kind to me!" E.B. *I never felt ashamed about my decision because you were so kind to me about my situation. I thank you for you kindness and compassion as I struggled with my decision. I [...]
Efficient and Effective
"efficient and effective" Anonymous Diane was efficient and effective in handling my case. She has made herself available whenever a question arose. Her interface with the trustee allowed me sufficient time to allow an expedited discharge. Her office has provided an open door for any future issues [...]
I was extremely pleased by the professionalism
"I was extremely pleased by the professionalism" M.M. I was extremely pleased by the professionalism and care that I was handled with. I will recommend you to everyone I know that can use the expert help that you provided.
ou are a caring person, and most understanding
"ou are a caring person, and most understanding!" S & G In our eyes you are all A’s. You helped us so much. We are thankful for you and all your help. You are a caring person, and most understanding. You took time for us at a time [...]
I’m so grateful for all their help during a very stressful time.
“I'm so grateful for all their help during a very stressful time.” P.F. "Diane and Jay helped me tremendously. I highly recommend their services, and I'm so grateful for all their help during a very stressful time." P.F.
You have help me once again attain the American dream
"You have help me once again attain the American dream…" J.R. I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being [...]
Helpful to establishing a stable life
“Helpful to establishing a stable life” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtained was and is very helpful to have a [...]
Her expertise and guidance are unsurpassed
“Her expertise and guidance are unsurpassed” P.H. Diane and Jay are an impeccable professional team! She explains everything you need to know and puts your heart and mind at ease with her compassion and understanding throughout the filing process. Her expertise and guidance are unsurpassed! [...]
We are very happy we were referred to Diane
"We are very happy we were referred to Diane" S.G. Diane helped my husband and me get past a difficult chapter in our lives. She answered all our questions and gave us excellent advice. We followed her directions from start to finish and the process went smoothly. Having [...]
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
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 suffer from anxiety and was paralyzed by fear. Thank Goodness I found Diane Drain.
“She broke down the process into manageable portions that I could handle.” S.S. I had waited to the eleventh hour to actually contact Diane Drain for help with my Chapter 7 bankruptcy. I suffer from an anxiety issue and was paralyzed by fear. Thank Goodness I was [...]
I Made the Right Decision in Choosing Diane
“I'm 100% convinced I made the right decision in choosing Diane. ” P.K. I have just received my discharge from the court. It's been a long journey and I can't emphasize how instrumental a role that Diane and Jay played in helping me navigate this journey. In [...]
helps to ensure that your assets are protected
“helps to ensure that your assets are protected” R.B. Diane is very detailed, and although it may be overwhelming it is in your best interest to do EXACTLY what she says to do. Follow her directions, be organized and prepared. This helps to ensure that your assets [...]
Made the Bankruptcy process very understandable and helpful
“Made the Bankruptcy process very understandable and helpful” P.H. Diane’s expertise and solid experience and instructions made my entire Bankruptcy process very understandable and helpful! Her guidelines helped tremendously. The entire process would have daunting without her professional help. Anytime I need any professional legal help in [...]
It was clear she cared and was committed to helping people
"It was clear she cared and was committed to helping people." Posted on AVVO Anonymous When I made my decision to file for bankruptcy I did some research. I went through a link on the U.S. court website and read a lot online. Referrals from the court website [...]
The best professional relationship that I have had with an attorney
"The best professional relationship that I have had with an attorney" M.L. The best professional relationship that I have had with an attorney (I’ve had more than my share of their services!)_I was treated with respect and all things were timely, correct, and according to plan. Thank you [...]
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 [...]





