Maricopa Writ Restitution

State:
Arizona
County:
Maricopa
Control #:
AZ-CV-2-WRIT
Format:
Word; 
Rich Text
Instant download

Description maricopa writ editable

Writ of Restitution, Assistance or Possession: This is an order to the Sheriff's department to seize a certain property unlawfully detained by another person. He/ She then is obligated to return the seized property to it's lawful owner. This form is offered in both Word and Rich Text formats.

The Maricopa Arizona Writ of Restitution, Assistance, or Possession is a legal document that is issued by the court to enforce judgments related to eviction cases within Maricopa County, Arizona. This writ is designed to ensure the return of possession of a property to the rightful owner or landlord after a tenant has been lawfully evicted. The process begins with the landlord filing an eviction lawsuit against the tenant for non-payment of rent, violation of lease terms, or any other legally permissible reason for eviction. If the court finds in favor of the landlord, they may issue a judgment for possession of the property, which allows the landlord to regain control and possession of the rented premises. Once the landlord has obtained a judgment for possession, they can then request the court to issue a Writ of Restitution, Assistance, or Possession. This writ instructs the sheriff or constable to remove the tenant and their belongings from the property and deliver possession back to the landlord. The actual eviction process typically involves a physical removal of the tenant from the property, supervised by law enforcement. There are generally two types of Writ of Restitution, Assistance, or Possession in Maricopa County: residential and commercial. Residential writs are specifically used for evictions involving rental properties that are intended for residential purposes, such as apartments, single-family houses, or duplexes. On the other hand, commercial writs are used for evicting tenants from commercial buildings, such as stores, offices, or warehouses. Keywords: Maricopa Arizona, Writ of Restitution, Writ of Assistance, Writ of Possession, eviction lawsuit, non-payment of rent, violation of lease terms, eviction process, law enforcement, residential eviction, commercial eviction, Maricopa County.

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Main definition. Writ of restitution. An enforcement order of an eviction . After a specified period of time if a tenant who has been evicted stays on the property a writ of restitution allows a sheriff or constable to remove the tenant from the property and allows the landlord to change the locks on the residence.

They have 10 days to vacate the property. If the tenants fail to resolve the violations or leave the property on time, then the landlord may continue with the eviction.

If the tenant fails to pay by the end of the 5-day period, a forcible detainer action can be filed with the court on the 6th day. PERSONAL DELIVERY. The hand-delivered notice becomes effective when received by the tenant. The forcible detainer complaint can be filed with the court on the 6th day.

In the case of IRREPARABLE BREACH the judge will order that a WRIT OF RESTITUTION will issue not less than 12 nor more than 24 hours after judgment (or as soon as thereafter as normal court house allow).

The Arizona Residential Landlord and Tenant Act regulates the process of eviction. An eviction can happen in as little as two weeks. In reality, eviction often takes 30 days or more. In Arizona, the property owner generally cannot change the locks and remove your belongings immediately (Title 33-1367).

It can take between six weeks and 18 months to obtain an eviction order, depending on whether the eviction is unopposed or opposed. Rental insurance products commonly include cover for legal fees.

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.

Before the 5-day Notice period ends, the tenant can pay the full amount of rent owed and late fee amount that is specified in the lease. If the 5-day period ends without a full payment being made, the landlord may file an eviction Complaint against the tenant.

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You must file a Writ of Restitution and pay the issuance and service fees. A judgment does not allow the landlord to take possession of the rental unit.See Writ of Restitution below. If you would prefer to print forms for free without receiving assistance with filling out the forms, you may use the forms below. (1)Application for Writ. A party who obtains a judgment for possession in an eviction action shall have up to 45 days to apply for a writ of restitution. Going to Court to Defend an Eviction (see A.R.S. § 33-1377) . This rule is based on Rule 1, Arizona Rules of Civil Procedure. Available from the National Criminal Justice Reference Service (NCJRS). A military or overseas voter may fill out the Federal.

A notice of hearing and other forms are available at the Civil Justice Offices (in Spanish) or by calling. A notice of hearing for a non-criminal eviction case is located here and forms to fill out the forms are available from the civil justice courts (Arizona) website. To see a sample notice of hearing click here. If your landlord decides to remove you from the rental unit prior to a court filing for possession, they may apply in writing to the court for a court issued eviction warrant under Arizona's “Stay Away” laws. This document is a notice to come back to court, which you must sign and deliver to the sheriff. The documents are available from the county court clerk's office or online. The sheriff will then notify the Sheriff's Office. You may then request in writing to be notified when you are due back to court. To read further information about stay away states in Arizona read the document here. For further information about eviction laws, see Rent FAQs.

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Maricopa Writ Restitution