This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
But the landlord can't just kick out the tenant, change the locks, or turn off the utilities. The landlord must follow all the steps the law says must be taken. And the tenant should not just stop paying the rent unless the tenant first follows all the steps the law says must be taken.
The 14-day/30-day notice must say how the tenant is breaching the lease and that the lease will automatically terminate 30 days (or more) from the date of the notice unless the tenant fixes the problem within 14 days of the date of the notice.
The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.
There is no law regulating what kind of advance notice, if any, is required to stay on or vacate when the lease ends. On occasion a lease will state that it automatically renews unless either party gives notice otherwise. More frequently, a 30-day or 60-day notice must be provided by one party to the other.
Generally, an eviction action summons and complaint must be served by a constable, sheriff or licensed process server, who must either personally serve the tenant or, post in an obvious place and then mail to the tenant by certified mail. There are alternative service methods available if authorized by a judge.
On average, it would take anywhere between 9 – 41 days for a complete eviction process. If either a tenant or a landlord applied for a re-judgment of the case, an additional 5 days could be added to the entire process.
Yes. If you disagree with your landlord's reasons for evicting you, you should tell the judge you disagree and ask for a trial date. In some rural counties, a trial will be held on the return, so make sure you are prepared.
Arizona landlords have to provide tenants with at least a written 30-day notice. The notice is to inform the tenant that the lease agreement will be ending after 30 days and the tenant will need to move out at that time.
§ 33-1368(A). In instances of a Material Breach Affecting Health and Safety, the landlord must wait the full 5 days after giving the tenant notice before filing an eviction action with the court on day 6. The tenant has these 5 days to try to rectify the breach .