Being a Phoenix landlord comes with a lot of responsibility. And one of the most misunderstood areas is the eviction process. Many property owners believe eviction is just a formality, but Arizona law has clear requirements that must be followed.
Before you commit a costly eviction mistake, it's important to understand where things often go wrong. Mistakes like serving the wrong type of written notice or mishandling a tenant’s final days in your rental property can delay the process, increase expenses, or even get your eviction case dismissed entirely.
Learn about the most common landlord errors and how to handle each step of the eviction process correctly to stay compliant and in control.
Phoenix Landlord Common Eviction Mistakes
Even experienced landlords can make missteps during an eviction. Misunderstanding timelines, failing to document violations, or using the wrong delivery method for notices can all complicate your case.
The following are some of the most frequent and avoidable mistakes landlords in Phoenix make during evictions.
Misunderstanding the Entire Eviction Process
A common mistake Phoenix landlords make is underestimating the complexity of the entire eviction process. Many landlords assume that once a tenant fails to pay monthly rent, they can simply remove them. But that is not how it works.
Under Arizona law, landlords must follow a formal court process that starts with giving proper notice. If a tenant violates a lease or rental agreement, whether by missing rent payments, having unauthorized pets, or breaking other lease terms, you need to provide written notice that allows them time to fix the problem or move out.
Skipping any steps or not following the law precisely can delay the process or cause your eviction case to be dismissed.
Giving Improper or Incomplete Notice
Giving proper notice is essential before you can evict a tenant. Many landlords serve a notice period that doesn’t match what’s required by the Arizona Residential Landlord and Tenant Act. For example, if the issue is unpaid rent, you must give a 5-day notice to pay or vacate.
Not only must the eviction notice be timely, but it must also be delivered the right way. Arizona law allows for delivery by certified mail, registered or certified mail, or by a certified process server. Improper delivery could mean starting the entire process over again.
Skipping Legal Support or Assuming You Don’t Need It
Some landlords think hiring an attorney isn’t necessary, especially if the eviction complaint seems simple. However, even small errors can result in delays or legal challenges. Legal mistakes in the eviction proceedings can lead to loss of court costs, filing fees, or even loss of rent.
Using Community Legal Services can be a helpful resource for tenants, but landlords should also consider consulting a real estate attorney or someone familiar with Arizona eviction laws to ensure compliance.
Filing in the Wrong Court or at the Wrong Time
Another mistake landlords make is not understanding the difference between the justice court and the superior court. Most eviction cases go through the former unless the amount in dispute exceeds the court’s jurisdiction.
Also, filing an eviction complaint too soon before the notice period expires can lead to a case dismissal. Timing matters in eviction law.
Mishandling a Tenant’s Property After an Eviction
After the eviction judgment is granted and the tenant’s belongings are left behind, some landlords throw out everything. Under the landlord-tenant act, you must follow specific steps. You’re required to store the tenant’s personal belongings for at least 14 days.
Failing to do so can result in the tenant suing you for twice the actual damages. That’s a costly mistake most landlords don’t see coming.
Not Knowing Who Can Perform the Eviction
Another error? Believing you can remove the tenant yourself once you get a court order. In reality, only the sheriff can physically enforce an eviction. If a landlord files an eviction complaint and wins, they must wait for the sheriff to carry out the lockout. Taking matters into your own hands could violate the Fair Housing Act and open you up to liability.
Ignoring Tenant Rights or Legal Defenses
Tenants have rights even when they are in the wrong. They may claim eviction protection under the Tenant Act, the Fair Housing Act, or present a legal defense. For example, a tenant pays part of the rent and believes that satisfies the agreement, or they argue the landlord did not promptly notify them of issues.
Understanding these possibilities helps you prepare. It is not just about what a tenant violates, but how well a landlord follows procedure.
Not Including All Lease Terms in the Eviction
Sometimes landlords draft a lease agreement or rental agreement that doesn’t fully spell out what’s expected. If the Arizona lease agreement lacks clear terms on late fees, prepaid rent, unauthorized pets, or how to cover unpaid rent, it can make evicting tenants harder.
Without a well-drafted lease or rental agreement, the judge rules based on limited information. Always include details about rent payment, security deposit, and acceptable behavior in your lease.
Assuming All Tenants Are the Same
Finally, Phoenix landlords often assume all tenants can be handled the same way. But a tenant who doesn’t pay may be different from one with unauthorized pets or property damage. Each situation requires a different kind of eviction notice and timeline under Arizona law.
Before you evict a tenant, understand what part of the rental agreement they violated. Then provide proper notice, allow time for correction, and prepare for the court date if necessary.
Correct Process to Follow in Tenant Eviction
Following the correct eviction process is essential for Phoenix landlords to protect their rights and avoid costly delays. Arizona law requires landlords to complete each step carefully and in order.
Here’s the proper process to follow when evicting a tenant:
- Identify the lease violation or cause for eviction and document it clearly.
- Provide the proper written notice based on the type of lease violation.
- Wait for the required notice period to expire before taking further action.
- File an eviction complaint with the local justice court if the tenant does not comply.
- Serve the tenant with a court summons and a copy of the eviction complaint.
- Attend the eviction hearing and present your case to the judge.
- Obtain a writ of restitution if the tenant refuses to vacate after judgment.
- Properly handle the tenant’s personal property if left behind after eviction.
Stay Compliant and Confident: Final Tips for Phoenix Landlords
Evicting a tenant is never easy, but staying compliant with Arizona eviction laws helps protect your rights and your rental property. By following each step carefully, you can avoid costly delays and legal setbacks.
Attention to detail and respecting tenant rights go a long way in making the process smoother. If you’re ever unsure, seeking legal assistance or community legal services can provide valuable support. Stay informed, stay patient, and stay confident as you manage your rental property in Phoenix.
For trusted, experienced support with your residential rental properties, consider partnering with Ultimate Properties. With over 35 years of real estate experience and an A+ Better Business Bureau rating, they are committed to honest and dependable service.
Call today to learn how they can help you manage your Phoenix rental with confidence.
Frequently Asked Questions
Q1: Can a landlord charge late fees during the eviction process?
Yes, landlords can charge late fees if the lease agreement includes them and they comply with Arizona law on fee amounts and timing.
Q2: How long does the entire eviction process usually take in Phoenix?
The timeline varies but generally takes several weeks to a few months, depending on notice periods, court schedules, and tenant responses.
Q3: Can a landlord evict a tenant for having unauthorized pets even if no damage occurred?
Yes, unauthorized pets are considered a lease violation and can be grounds for eviction regardless of property damage.
