Phoenix Eviction Process

Evictions in Phoenix, AZ start with a 5 or 30-day notice. It may be helpful to seek legal advice before beginning the eviction process. Notices can be given by hand delivery, certified mail, or other form of delivery where there is acknowledgement from the tenant that the notice was received. When a notice is hand delivered the notice period begins immediately. When it is sent by certified mail, the notice begins five days after the mailing date. 

Court Involvement

Once the notice period passes, a summons and complaint are filed with the court. A proposed court date will also be filed at this time. This will normally be approximately five days from the filing date. The court will then issue the summons and may amend the court date. It is important to note that prior to court, if the tenant pays the total amount demanded in the complaint, which includes late fees, court costs and attorney’s fees, the case will be dismissed.

Physical Removal

Depending on if the tenant raises any legal defenses the judgment will be made at the first court appearance, or a trial will be held. If the judge finds in favor of the landlord, a writ of restitution may be issued, allowing the sheriff to physically remove the tenant and their belongings from the property. If the tenant fails to vacate on their own, you should have the writ of restitution on hand, and provide contact information for the person who will meet the constable at the property and are normally executed within three to five days after the request.