You’ve done everything that you possibly could. You’ve given them a walkthrough of your clear and extensive lease. You’ve reminded them of their responsibilities. You’ve even reached out for a serious conversation with them. However, some tenants are just really bad tenants.
And if you’re wondering how you can evict the tenants of your Phoenix home, look no further than the Arizona Residential Landlord and Tenant Act. This act ensures that evictions are carried out fairly and lawfully.
So don’t change the locks and throw out their belongings just yet. Consult the law first! And lucky for you, we’ve compiled an informative list of FAQs on how you can legally evict the tenants of your Phoenix, AZ home. Read on below to find out more:
What are the lawful grounds for eviction in Phoenix, AZ?
There are all sorts of bad tenants in Phoenix, AZ; however, the law only recognizes a few violations as eviction-worthy. So before you send a notice for eviction, verify whether your tenants have violated the law first. Here is a quick rundown of these different violations:
Violation of the lease or rental agreement
The lease is the cornerstone of your landlord-tenant relationship. It’s your responsibility to make its provisions clear. But it’s also their responsibility to abide by it. Tenants who provided false information upon signing fall under this category. Breaking agreements regarding smoking, pets, or number of residents also count as violations of the lease.
Failure to pay rent on time
Phoenix, AZ tenants who fail to pay rent or pay late would fall under this category. However, this violation can only be escalated to a notice for eviction if they are consistent violators and have been given several reminders.
Health and safety violations
The tenants of your Phoenix, AZ home are responsible for its maintenance during their stay. Undisposed garbage, destroyed property, and damaged wiring and fixtures can be grounds for eviction.
Homicide, use of controlled substances, gang violence, and prostitution are just some of the illegal activities that compromise the safety of your rental.
How can I evict the tenants of my Phoenix, AZ property?
The Arizona Residential Landlord and Tenant Act provides a step-by-step procedure on how you can evict your bad tenants. This law ensures that your tenants are given sufficient time to either rectify their violation or prepare to leave. Here is are the steps that you need to abide by:
Provide a written notice
The eviction process can only begin once the notice of eviction has been sent. Make sure to document this process because this will serve as the beginning of the timeline. The tenant is then given five to ten days to rectify the situation.
File a lawsuit at the courthouse and serve the tenant
If your tenant fails to fix their violation, you may now proceed to the court and formally file an eviction lawsuit. The tenant will then be served and receive a copy of the complaint.
Participate in the trial
Be prepared to provide evidence during the trial. Here, documentation is key. Provide the necessary images, recordings, and paperwork to demonstrate your tenant’s violations.
Wait for the judgment
If the case lands in your favor, a Writ of Restitution will be issued to the tenant of your Phoenix, AZ property. This provides them with twelve hours to five days to vacate your property.
How can I ensure the success of my lawsuit?
The tenants of your Phoenix, AZ property can counter and provide eviction defenses during the trial. In order to win, make sure that you strictly follow the eviction procedure.
Forcing them out of the property or “self-help” procedures might nullify your case, so be patient. It is also imperative that you provide the necessary paperwork and reminders. Remember, the eviction process can only begin if a written notice was sent.
Sell to a Professional Home Buyer!
Once you have your Phoenix, AZ property back in your possession, consider selling to a cash home buyer! We at United Home Offer understand your situation and would like to help out!
Why bother negotiating with troublesome tenants when you can sell your Phoenix, AZ house fast! As a bonus, we can offer you the best possible price on your home while closing in less than two weeks. So what are you waiting for? Call us now at (214) 817-4224 and get started on that fair cash offer today!