Post Foreclosure Eviction: Post Foreclosure Service

Please contact me for the documents needed. In many cased I can get your accupant without costly court eviction.
 

Forcible Detainer Action.

Eviction cases in Arizona are called Special Detainer Actions or Forcible Entry and Detainer. It is when a landlord says a tenant has not done something that is spelled out in the lease or rental agreement and the landlord wants the tenant to leave so that s/he can take the rental property back under the Arizona Residential Landlord and Tenant Act (ARLTA). Most eviction actions happen when the tenant has not paid rent on time.

5 Days Notice This action is to demand payment from your tenant. We will  generate and legally deliver the notice to your tenants. We will need copy of your lease and exact accounting. The Price: $39.00 paid in advance. ( NON refunable) Click on the  buy now button to continue with the process. Feel free to call me with any question you may have. After we serve the notice please refer your tenant to me with any question or request for payment arrangements.
Eviction Judgment We will file all court papers, get court date, legally deliver the court documents to your tenants and will have an attorneys represent you in court (The price include most of the court fees) The Price: $348.00  paid in advance. ( NON refunable) Some cities have additional  court fees, We will bill you later with any additional court fee that may accrued.
Writ of Restitution 5 days after court date the tenant must vacate the property. In case that the tenant did not we will ask  the court to send the constable  to evict the tenant. The Price: $225.00 paid in advance ( NON refunable) Some area will have extra Constable fee, We  will bill you later with any additional fee that may accrued. Lockout Service The last step is to replace the keys of  the property. Our locksmith will meet with the constable and re key the property. The Price one normal set of locks $110.00 and any additional set is $65.00 (kwikset style locks) The first set is paid in advance and the additional sets will be billed in a later date. Please contact me with any help you may need in order to put the property back on the market. Removing the personal belonging / trush left at your propery , Clean, Paint, Carpet or any other service.

 Forcible Detainer Actions A.R.S. §§ 33-1368; 33-1377
    An eviction is a type of lawsuit called a forcible detainer. Forcible detainer means that the tenant has remained in or on the property after the landlord has given written notice that the rental agreement has been terminated and that the tenant must leave the property. A landlord can file a forcible detainer action against a tenant for nonpayment of rent, if the tenant has breached the lease, or if the tenant has committed a crime. Forcible detainer actions seek the eviction of the tenant and the repossession of the rental property. They may also be filed if the tenant misrepresented information to the landlord or has unauthorized occupants in the residence.    

Most forcible detainer actions involve an allegation that the tenant has not paid rent on time. If a tenant fails to pay rent, the landlord can give notice that he will terminate the lease if the rent is not paid within five days. After the five day notice, the landlord will most likely not be willing to accept partial payment because he will not be able to proceed with the case unless the tenant agrees in writing that the landlord can do so. A.R.S. § 33-1371. On day six, the landlord can file suit. The tenant's inability to pay the rent is not a legal defense to the lawsuit. However, the tenant does have some options.

The tenant can pay all of the rent and any late fees any time before the forcible detainer is filed and avoid eviction. If the action has been filed, then the tenant must pay all past due rent, late fees, attorney's fees and court costs. If the tenant does so before a judgment is entered, he can avoid eviction. After a judgment has been entered, reinstatement of the lease is solely in the landlord's discretion. As a general rule, the only defense to an allegation of nonpayment of rent is that the rent was actually paid, in the manner and in the amount provided in the lease.

The summons indicates that a trial will occur on the date listed on the summons but due to the extremely high volume of cases in Maricopa County, a trial may or may not occur on that date. However, if the tenant fails to appear, and the landlord or his attorney is present, then a judgment will most likely be entered against the tenant.

At the date and time listed on the summons, the justice of the peace will start calling cases. If both parties are there, the judge will ask the tenant whether the complaint is true. If the tenant says that the complaint is untrue, then the tenant will need to briefly tell the judge why. If the reason appears to be a legal defense, then the judge will need to take testimony from both sides and make a decision after a trial. The trial may or may not occur that day depending on the court's schedule and workload. If either side needs a delay, they may ask for it but continuances will be granted for no more than three business days.

If a landlord receives a judgment against a tenant, he may apply for a writ of restitution for repossession of the residence in five days. The filing fee for the writ is $97. These writs are served by constables, who will direct the tenant to leave at that time. The landlord can cut off utility services to the residence at that time but cannot dispose of or sell any of the tenant's personal property for 21 days. A.R.S. §§ 33-1368E - 33-1370.

A tenant can avoid the hassle, expense and embarrassment associated with a writ of restitution by turning in the keys to the landlord. Doing so ends the tenant's possession of the residence.

§ 12-1178. Judgment; writ of restitution; limitation on issuance

A. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. If the defendant's social security number is contained on the complaint at the time of judgment, the person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is contained on the judgment.

B. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for damages, attorney fees, court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.

C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended, delayed, or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.