Maricopa County Eviction Process
Once the documents are filed with the proper court you would need a process server. So just give us a call here at Fields Legal Services and will go out and promptly serve your legal documents. Fields Legal Services charges a rate of $65 per eviction. $65 for serving your eviction action is one of Maricopa county‘s lowest rates for process serving.
After your service job is complete we will supply you with an affidavit of service for you to take to court. An affidavit of service is a sworn statement from your process server letting the courts know that your service job was completed. Your affidavit of service will include time, date, and description of person served.
Maricopa county has a long and drawn out eviction process. Fields Legal Services process servers has years of experience dealing with eviction actions and special detainers. Here is a brief overview of the complete Eviction process that we hope can help you with your landlord-tenant problems.
To file an eviction action in Maricopa county landlord must first file a summons and complaint with the correct justice court in his or her area. When filing your summons and complaint you must have your five day or 10 day notice and a residential information sheet.
Typically your judge will set a court date 5 to 8 days out. At court the judge will either Grant an eviction judgment or set a date for trial. If the eviction is granted the tenant will have five days to vacate the property. And if the tenant refuses to move the judge can order a writ of restitution in which would have to be served by a constable or sheriff.
Legally it’s a confusing process that normal people shouldn’t have to take on by themselves. Our Maricopa county process servers are knowledgeable about the eviction process and can help you through it.
To find the proper court to file your summons and complaint you would go to azcourthelp.org. Once on azcourthelp.org website there are very simple prompts that you can follow to figure out your Local Justice court. Maricopa county justice courts has tried to make this process as easy as possible.
Arizona State Law
Here is a list of tenant obligations- A.R.S. §§ 33-1341 & 33-1344
-
Keep the residence clean and safe
-
Remove and dispose of trash
-
Keep all plumbing fixtures clean
-
Use electrical appliances, heating and air-conditioning systems and plumbing in a reasonable manner
-
Not damage the property or allow someone else to do so
-
Unless agreed otherwise, use the property only as a residence
Here is a list of landlord obligations- A.R.S. §§ 33-1322 - 1323, 1324
-
Give the tenant the name and address of the property owner and manager
-
Tell the tenant how to get a free copy of the Arizona Landlord and Tenant Act
-
Give the tenant a signed copy of the lease
-
Give the tenant possession of the residence
-
Comply with applicable building codes
-
Make necessary repairs so that the residence is habitable
-
Keep common areas clean
-
Maintain all electrical, plumbing, heating, and air-conditioning equipment
-
Provide for the removal of trash
-
Supply running water and reasonable amounts of hot water
Fields Legal Services believes that the law of Arizona should be enforced as written. That everyone has an equal right to justice. Fields Legal Services does not provide legal advice. This is just an overview of the eviction process and how Fields Legal Services process servers can help you.