Arizona is considered to be a landlord friendly state. This means the process is simple, cost is low and time it takes to evict a tenant is relatively short. Note the costs quoted in this article are based on Maricopa County. Eviction costs in other counties may be higher. Other states may have a different process. Please consult with your attorney if you have legal questions.
Reasons to evict a tenant
The most common reason to evict a tenant is non-payment of rent. There are other reasons for eviction including violating the lease conditions, failing to maintain the property or endangering the health and safety of themselves, other tenants or the community. Each of these has a slightly different process but the end result is the same, i.e. the tenant is evicted if they do not do what they are supposed to do. It is important to note it is far better if the tenant moves voluntarily. They still have the landlord’s property and can do damage if they are upset about being evicted. Tenants often leave personal belongings behind which means the landlord has to pay to store for 21 days and then pay disposal fees. Lastly when a tenant has an eviction on their record it makes it difficult for them to find a new place to live.
Eviction for Nonpayment of Rent in Maricopa County, AZ
The process to evict for non-payment of rent is:
1) The tenant stops paying rent. Typically phone calls, emails and text messages go unanswered. The property manager will try to determine if the tenants are still occupying the property by driving by and checking to see if the power is still on. If the tenants are still there then the paperwork begins so the tenant will no longer be living rent free.
2) The property manager prepares a 5 Day Notice to Pay Rent or Quit. In this case the word quit means the tenant has to move out or “quit” living in the property. This notice has to be hand delivered to the tenant or sent via certified mail. A process server would be required to confirm delivery of the notice to the tenant and would cost around $100. Most property managers mail the 5 Day Notice certified mail and first class mail as well as posting a copy at the property. They typically do not use a process server since certified mail postage is cheaper at about $7.00 and just as effective. The reason the notice is sent first class mail is tenants often do not accept delivery of the certified mail notice. Refusing to accept the certified mail notice does not stop the eviction process. The only thing that stops the process is for the tenant to pay all the rent and late fees or work out a payment plan. (See partial rent payments below.)
3) Once the 5 Day Notice is sent the property manager has to wait 5 days (excluding Saturdays, Sundays and Holidays) from either 1) the day the letter was sent or 2) when the tenant signs the certified mail receipt for the letter, whichever occurs first. If the tenant does not respond the property manager sends a copy of the lease, the 5 Day Notice, certified mail receipt, and Eviction Request Form to the Eviction Attorney along with $225 to cover court costs and attorney fees. This is also known as filing a “Forcible Entry and Detainer” lawsuit. The tenant will be served notice to appear. Note if there is no written lease the tenant can still be evicted. The judge typically does not award all the late fees to the landlord. The maximum tends to be about $75.00. However no late fees can be charged without a written lease. Landlords can file the court papers but property managers cannot as only the owner of the property bring the lawsuit. If the landlord is not available to appear in person then an attorney has to be retained to appear in court on the Landlord’s behalf.
4) Once the attorney receives the paperwork they file it with the clerk and the court date is set. This usually happens within 3-5 business days. There are an average of 30-40 eviction cases heard at one time. The tenant can appear to protest the eviction but generally they do not. If they do show up the eviction attorney talks to them prior to the judge hearing the case. The eviction attorney tells the tenant they have a few days to move out or they will be forcibly removed. If the tenants agree to contact the property manager and give them keys once they have moved out then the tenants sign a form and go on their merry way. The only thing that will stop the process is for the tenant to pay all the rent, applicable late fees and the eviction court costs.
The eviction attorneys disposition most of the cases either before court starts or shortly after provided the tenant does not appear. If the tenant does appear and does not agree to move out there is a discussion with the judge. The most common tenant complaint is the owner has not maintained the property. The judge will educate the tenant that they needed to serve the landlord or property manager a written notice about the needed repairs. The tenants are told withholding rent is not the remedy. The judge will ask for written proof the tenants requested the repairs which the tenants probably do not have. The judge tells the tenant they need to pay rent (and the eviction costs) and then go through the process to get the repairs completed or move out within 5 days.
5) When the court has issued the judgment for possession against the tenant the tenant will have 5 days to move out. If the tenant does not move voluntarily the property manager will order a “Writ of Restitution” from the court. This typically costs about $160 to cover the costs of the constable going to the property. The constable will meet the property manager and locksmith at the premises. If the tenant is still there the constable will forcibly remove them. The property manager must change the locks immediately upon the tenant being removed. This is generally done by a locksmith for the cost of about $100. Occasionally the tenants are unruly and the police are called to assist the constable in removing the tenants. Luckily this only happens in a small number of cases.
If the tenant does not take all their personal belongings then the landlord has to store them securely for at least 21 calendar days. The landlord can charge the tenant up to $30 per day storage which has to be paid if the tenant wants their belongings back. The landlord usually leaves the belongings in the house until the 21 days have expired as it is cheaper than renting a storage unit and paying for the labor to have the items moved. Then the landlord s responsible for the disposal costs. The disposal cost varies and the landlord is losing rent so it is far better if the tenant removes all their belongings.
6) Once the tenant has moved out the landlord can decide if they want to pursue the tenant the judgment issued by the court. Typically a tenant fills out an application with information like their social security number and birth date. This information is required if the landlord wants to try to collect the monies owed. In most cases the landlord turns this over to a collection company as they have better resources to track down the tenant. The collection company charges 50% of whatever is collected. The judgment is good for six years and can be renewed for another six years. It will appear on the tenant’s credit report until it is paid or expires. It is rare for the landlord to receive any money but once in awhile it does happen. Sometimes the tenant will offer to negotiate the amount down in order to get the judgment off their credit report.
Partial Rent Payments
Tenants may try to make partial rent payments. While getting some money is better than having a vacant property that needs to be made rent ready landlords have to be careful about taking partial payments. The tenant should sign a Partial Payment Non-Waiver Agreement and Promissory Note. This document states the landlord does not waive the rights awarded by the court when the “Forcible Entry and Detainer” lawsuit was filed. If the tenant does not sign this document and stops paying rent then the landlord will have to start all over again with the eviction process. If the tenant signs and does not pay rent then the landlord can order the Writ and have the tenant removed. Property managers may waive late fees in order to help bring the tenant current if the landlord agrees. The goal is to get the tenant to catch up and start paying rent on time and minimizing the income lost by the owner.
Cash for Keys
One way to get a tenant to move and take all their belongings is to offer them cash for keys. Cash for keys means if the tenant takes all their belongings, leaves the property clean and in good condition then they will receive money. The amount can vary depending on the motivation of the landlord to get the tenant out. Considering an eviction costs about $400, not including the cost to dispose of personal belongings and lost rent while the items are stored, an offer of $500 – $700 would not be unreasonable.
Other Reasons for Eviction
To evict a tenant in Arizona for committing lease violations or failing to maintain the property, the landlord or property manager must give a 10 day written notice to the tenant to cure the default or the tenant has to move out. This notice is sent certified mail, first class mail and is hand delivered to the property. If the tenant is behaving in a way that seriously threatens health and safety of themselves, their neighbors, or the community, then the landlord or property manager can serve them with a 24-Hour Notice of Immediate and Irreparable Breach. This will give them 24 hours to vacate or else be sued for eviction. If the tenant does not cure the default or move out then the eviction process is the same as if they did not pay rent.
Collecting for Damages after Eviction
It is highly unlikely the landlord will be able to get the tenant to pay for damages considering the tenant could not pay rent. Even if the tenant has done damage to the carpet, paint, appliances or other items there will be little recourse. Per our attorney if an item is more than 5 years old it is considered fully depreciated. If the tenant has lived there for several years there would be an expectation of normal wear and tear.
If there is significant damage, like holes in the drywall, then the tenant would be responsible for these damages as it would be outside of normal wear and tear. Collecting for damages requires a separate action (not connected to the court action to collect the unpaid rent and late fees) in small claims court. If a judgment is issued then it would appear on the tenant’s credit report. Again the collection agency is typically needed to collect as this generally happens though wage garnishment.
If you are managing your own rentals it is important to have a good eviction attorney. If you need a good eviction attorney please let me know.