We previously wrote guidelines on evicting a problem tenant. However, one of the most important things to consider is that the eviction process has a legal procedure, which is typically governed by local laws. Phoenix will have slightly different rules than Las Vegas or San Diego. Because of that, we're providing some more localized information on the topic. The following presents some useful links to use when you want to evict a tenant in Phoenix.
1 - Serve Notice
As mentioned in our guidelines for eviction, always serve a notice of eviction as your first step. Do this by posting in a visible location on the property AND by certified mail (make sure to get a receipt and request for confirmation in your delivery). Clearly state in the notice how to correct the issue, as well as the time frame for leaving the property. Note that time frames vary depending on the offense. Below are a few examples:
- A 5 day notice for failing to pay rent
- A 10 day notice is required for a breach of the lease agreement
2 - File with the Courts
If the tenant still doesn't comply, file a detainer with the courts to force a hearing on the matter
3 - Get Served
Make sure to immediately serve the tenant with the summons to appear in court. Do so with ample time (at least two days notice)
4 - Show up for Court
Attend the hearing, and bring your paperwork. It's best to bring your file on the property complete with the lease agreements, proof that the tenant failed to comply with whatever the case may be, and all those receipts we mentioned above.
5 - Get a Writ of Restitution
This is the officially way to physically remove the tenant. The sheriff or other legal authority (constable) will come to the property to escort the tenant away. Note that you must hold onto the tenants possessions for a period of time,allowing them to reclaim them after this happens.
There, you've evicted a tenant, congratulations, or more likely condolences. This isn't a fun process that we hope you won't have to deal with in the future. If you don't like the sound of this, give us a call. Hiring a property manager like Goldenwest Management means that you won't have to personally deal with the headache of an eviction. Good managers have a process that streamlines evictions to make life easier on everyone.