Eviction

questions & answers

Question: How long after a notice is given does tenant have before forcibly removed?

Answer: It is unclear from your question whether you are referring to the notice provided by the landlord (before the landlord has gone to court to begin an eviction proceeding) or to the notice provided by the court (after a judge has granted an eviction order). These are the general rules in both situations: In the first situation: In Arizona, a landlord may seek an eviction (or “special detainer” action) by filing a petition with the court if and when (1) a tenant violates one of the tenant’s obligations (such as the obligation to pay rent on time) and (2) as a result of this violation by the tenant the landlord wishes to retake possession of the rental unit (A.R.S. 33-1337). Before a landlord may go to court, the landlord first must provide the tenant with written notice. If, for example, a landlord wishes to evict a tenant for not paying rent that the tenant owes, then the landlord must give the tenant written notice (i.e. a letter) specifying that the tenant has 5 days to pay the rent or eviction proceedings will begin (A.R.S. § 33-1368(B)). If, even after the tenant has received this letter from the landlord, the tenant does not either pay the rent owed or move out, then the landlord may begin the eviction process. In the second situation: In Arizona, after a tenant has been served with an eviction order, the tenant has five working days to vacate the dwelling (A.R.S. 33-1377). If the tenant remains in the dwelling after five days – the specific date and time will be specified in the eviction order that was issued by the court – then the landlord has the right to ask the court (by filing a writ of restitution) to have a constable or sheriff physically remove the tenant (A.R.S. 12-1181). There is no set number of minutes that the constable or sheriff must provide to the evicted tenant between the time the constable or sheriff knocks on the door and the time they insist that the evicted tenant vacate the premises. This is because the tenant will have already had ample opportunity to leave and because the landlord will be under a legal obligation to safeguard the tenant’s belongings (A.R.S. 33-1368).