questions & answers

Question: We have been evicted, the constable showed up yesterday at 9am with a locksmith to change locks, I thought we were given 24 hours to remove our belongings before they changed the locks. They left my dogs in the backyard and I was not even home. I went back to check on dogs, and constable was hiding with a tape recorder telling me I can't be there. Even to check on my dogs they left in the backyard?

Answer: There is no legal requirement that the constable give you 24 hours before enforcing a writ of restitution (eviction order). A landlord who prevails in an eviction case is entitled to have a "writ of restitution" issued no sooner than five calendar days after redition of the judgement. The writ "shall be enforced as expiditiously as possible." ARS-12-1178 C. As a matter of practice most constables provide advance notice. Returning to the premises without the permission after service of the writ can constitute criminal trespass. A landlord, however, should provide permission for you to obtain your property (including your pets).