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Arizona Writ of Restitution

Arizona Writ of Restitution

Name: Arizona Writ of Restitution
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.72 (298 reviews)

Category:

Arizona Local County - Globe Regional Justice Court - Forms and Filing Fees

State:

Arizona

Control #:

AZ-FF-32

Format:

Instant download

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Description

Writ of Restitution An Arizona Writ of Restitution is a court order that is used to evict a tenant from a rental property in the state of Arizona. The Writ of Restitution is issued by the Justice Court Judge and requires the tenant to vacate the premises within five days of receipt. The Writ is served to the tenant by the county Sheriff or by a private process server. If the tenant does not vacate the premises within the allotted time, the Sheriff will physically remove the tenant from the property. There are two types of Arizona Writ of Restitution: a Summary Eviction, which is used to evict a tenant for non-payment of rent; and a Forcible Detained Action, which is used to evict a tenant for reasons other than non-payment of rent.

An Arizona Writ of Restitution is a court order that is used to evict a tenant from a rental property in the state of Arizona. The Writ of Restitution is issued by the Justice Court Judge and requires the tenant to vacate the premises within five days of receipt. The Writ is served to the tenant by the county Sheriff or by a private process server. If the tenant does not vacate the premises within the allotted time, the Sheriff will physically remove the tenant from the property. There are two types of Arizona Writ of Restitution: a Summary Eviction, which is used to evict a tenant for non-payment of rent; and a Forcible Detained Action, which is used to evict a tenant for reasons other than non-payment of rent.

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FAQ

For a tenant with no lease or a month-to-month lease in Arizona, the landlord must serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 calendar days to move out.

Seven Steps to Getting an Eviction Removed Check Your State Laws.Win Your Eviction Case.Review Your Eviction Paperwork.Determine Your Expungement Type.File Your Motion of Expungement.Attend the Hearing.Check the Court Record.Send Copies to Tenant Screening Companies.

Once the writ of restitution has been lawfully executed, the tenant may not remain at or return to the rental unit without the express permission of the landlord. If the tenant remains or returns to the rental unit without permission, the tenant can be charged with criminal trespass.

The court can issue a Writ of Restitution when rent payments are not received in a timely manner, which allows the landlord to resume the eviction process. A Supersedeas Bond is not required to file an appeal. The appeal will proceed with or without a Supersedeas Bond.

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 landlord must give the tenant written notice that rent is unpaid, and that the rental agreement will terminate if rent is not paid in 5 days. (ARS § 33-1368(B)). In an action for non-payment of rent, landlord cannot file the eviction action until after the final day of the notice.

After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.

More info

Once the judgment is entered, your landlord will need to complete a "Writ of Restitution," which is the official paper that tells the U.S. Marshals Service to schedule your eviction. A Writ of Restitution is a document that authorizes the U.S. Marshals Service to schedule an eviction of the tenant.A Writ of Restitution is the court order to have the tenant move out and return possession to the landlord. A writ of restitution is a court order that allows a landlord to reclaim any personal property after an evicted tenant has failed to move out. Complete the Writ of Restitution form. 3. File the completed form with the court clerk and pay the required fees for issuing and serving the Writ. Talk to a lawyer right away if you find out you. The writ of restitution is a form that directs the sheriff to remove the defendant and defendant's property from the premises. The Writ of Restitution is valid for 30 calendar days from date of judgment and must be delivered to the Sheriff's office within that time, under 799. Description of land.

Arizona Writ of Restitution

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