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Arizona Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

The Arizona Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in Arizona to initiate court proceedings against a tenant who refuses to vacate the premises after a demand is made by the landlord. This complaint is specifically designed to address situations where the tenant has unlawfully withheld possession of the property, often due to a breach of lease or failure to pay rent. Keywords: Arizona, Complaint for Forcible Entry and Detained, Defendant Refuses to Surrender Premises on Demand, tenant, premises, landlord, legal document, court proceedings, vacate, unlawfully withheld possession, breach of lease, failure to pay rent. Different types of Arizona Complaint for Forcible Entry and Detained related to the "Defendant Refuses to Surrender Premises on Demand" include: 1. Complaint for Forcible Entry and Detained — Failure to Pay Rent: This type of complaint is filed when the tenant refuses to vacate the premises and hasn't paid the rent owed to the landlord. 2. Complaint for Forcible Entry and Detained — Holdover Tenant: This complaint is filed against a tenant who remains on the property after their lease term has expired or after receiving a notice to vacate. 3. Complaint for Forcible Entry and Detained — Breach of Lease: This type of complaint is filed when the tenant violates the terms of the lease agreement, such as unauthorized pets, property damage, or engaging in illegal activities. 4. Complaint for Forcible Entry and Detained — Tenant-at-Will: This complaint is used when a tenant refuses to leave the premises after termination of a tenancy-at-will, which is a month-to-month agreement with no fixed term. These specific types of complaints define the circumstances under which the landlord can initiate legal proceedings against the tenant to regain possession of the property and seek any unpaid rent or damages. Each type of complaint has its unique requirements and legal implications, ensuring that the correct complaint is filed based on the specific situation faced by the landlord.

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FAQ

You may hear an Eviction Action called a Forcible Detainer. Either phrase refers to a landlord's desire for one of two outcomes: to force the tenant to pay the rent. to force the tenant to move.

Both federal and Arizona law prohibits landlords from refusing to rent to an individual because of his or her race, color, religion, gender, familial status, disability, or national origin.? If you have been denied a rental and you believe it may be for one or more of these reasons, you may have legal recourse.

In ance with A.R.S. § 33-1343, a landlord may enter a rental premises for a host of purposes, so long as he gives you two days' advance notice (except when it is impracticable to do so, or for emergencies), and so long as the time of day is reasonable. If you withhold consent, you may well be evicted.

The eviction process is legal in nature, and legal notice must be provided to the tenant in writing notifying them that the landlord wishes to evict them, and either giving the tenant a five or ten day advance notice depending on the reason for eviction.

33-1378 - Removal of guest. A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.

Arizona tenant rights The right to reside in a safe and habitable residence. The right to privacy and quiet enjoyment. The right to receive a written receipt for their security deposit upon payment. The right to expect a timely return of their security deposit at the end of a tenancy.

There is currently no state agency that enforces provisions in the Act, and because most landlord/tenant relations are private transactions, disputes that arise between landlord and tenants are generally considered private matters. Links to the document in a .

The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and enter only at reasonable times.

More info

An eviction/forcible detainer indicates that the tenant has remained in or on the property after the landlord has given written notice that the rental agreement ... When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a ...The complaint must contain a description of the premises and a statement of the facts that entitle the plaintiff to possession of the property. Statute outlines ... Jun 11, 2022 — An Arizona Forcible Entry and Detainer is a legal action that can be taken by a landlord or property owner if an existing occupant refuses to ... A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice ... . Complaint and answer; service and return. A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with ... Oct 31, 2017 — As noted, if the landlord's lockout involves a breach of the peace, the landlord may be guilty of forcible entry and detainer. A.R.S. § 12-1171. Oct 11, 1979 — We hold, therefore, that the written demand to surrender, which is a prerequisite to filing a forcible entry and detainer action against a month ... FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):. Dec 21, 2020 — ¶1 In this forcible entry and detainer (FED) ... the property and whether the defendants received a written demand to surrender possession.

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Arizona Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand