Guy P. Wolf Attorney P.C.

 Evictions

Notice

In order to begin an eviction action, a notice needs to be hand delivered or mailed certified (posting of any kind, regular mail, FEDEX and UPS, or email is NEVER legal service) to an occupant of the property. The most common notice is a Five Day Notice for non payment of rent, available on our Forms page. 
If hand delivered, an eviction action can begin on the sixth day (day one is the day you hand it to them). If mailed certified, an eviction action can begin on the eleventh day; five days are allowed for receipt, plus five days for the notice (day one is the day the notice is mailed). Be sure to keep a copy of the notice, and if mailed, the certified mail receipt. If you wish, we can prepare the notice and deliver or mail it for you.

To download a Five Day Notice form or other Notices, please click
here.

Filing

To begin an eviction action, you will need to provide us with a copy of the notice you served and the lease, if any, for the property. You will also need to complete our worksheet which breaks down all of the information needed for us to create a summons and complaint. We will provide an instruction sheet for your convenience. Our process server will then serve the tenants. We get the soonest available court date to obtain a judgment, which is most often one week after receiving your documents.

After the Court Date

Six days after obtaining the judgment, a writ of restitution can be issued.  A writ of restitution is a document we file with the court. It orders the Constable to remove the tenants from the property. The Constable will contact you and arrange a date to meet you at the property. The Constable does not change locks or remove the tenant's property, so you will need to hire your own mover and locksmith to remove the tenants items and change the locks with the Constable present.






PLEASE BE AWARE all information and forms on this website apply to Arizona only, are general in nature and are not intended to constitute legal advice.  You are strongly advised to contact our office before taking any legal action.  Mr. Wolf is licensed to practice in Arizona and cannot offer advice regarding the laws of other states.  Nothing in this website, including the downloading or emailing of any forms or documents, is to be construed to create or constitute an attorney client relationship.   
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