Arizona?s New Eviction Requirements

Arizona's New Eviction Requirements

In Arizona, if a tenant does not pay his or her rent or otherwise fails to abide by the terms of their lease, a landlord may begin the eviction process. However, before a landlord can actually get the tenant to leave, specific procedures have to be observed. For instance, if the problem is non-payment of rent, a landlord must give the tenant five days? notice and a chance to pay the amount due in its entirety before he or she will be allowed to file for an eviction. Additionally, other rules apply for notice and material non-compliance.

Recently, the Arizona Supreme Court amended the eviction rules, thereby creating documentation requirements for a residential eviction. Here is what you need to know about Arizona?s new eviction requirements:

Changes to Notice Requirements

The Arizona Rules of Procedure for Eviction Actions already require that a landlord seeking to evict a tenant formally serve the tenant with any summons to court, the complaint, and any notices. The newly amended Rule 5(d) now requires that landlords serve tenants with the provision of the lease and any addendum related to the underlying basis of the eviction. If the eviction case is about non-payment of rent, the landlord must include an accounting of rental charges and payments for the last six months.

According to a recent article, the Arizona State Bar requested these changes because of the high number of tenants coming to legal aid to meet with their attorneys without the necessary documents. Parties facing eviction do not have many days to respond, and not having the necessary documents would make it more difficult for their attorneys to represent their interests.

Landlords may contend that these new requirements create an unfair burden and expense, especially since many evictions concern non-payment of rent. However, the intent of the change appears to be centered around making sure that the parties facing eviction have all of the necessary information to be prepared.

Laura B. Bramnick is an Arizona real estate attorney with the expertise to help with all aspects of your Arizona real estate issue. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona, and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.

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