The term forcible detainer, also called summary eviction, refers to statutes and legal remedies that landlords may utilize to regain possession of their property. This remedy applies only to cases in which the landlord (plaintiff) has an undisputed right to possession. Legal action may be brought against tenants who have defaulted on their rent and who refuse to leave. The action also covers “squatters” residing on a property without lease or title. Once process is served on the uncooperative parties the court trial and eviction can occur within a few days.
The Arizona Residential Landlord and Tenant Act details the rights of the state’s residential property owners in relation to tenants. The terms “forcible detainer” and “eviction” are often used interchangeably when referring to residential evictions.
In a forcible detainer action, should the court grant judgment to the landlord (plaintiff), the tenant can be ordered to pay the outstanding rent, late fees, costs and any attorney’s fees. This judgment can be collected like any other civil judgment, and the creditor (judgment holder) may utilize several types of remedies to collect, such as garnishment, attachment, and execution.
Legally removing the tenant from the premises requires a Writ of Restitution. The court does not automatically issue this; the plaintiff/landlord must return to court and request this if the tenant does not voluntarily relinquish the premises.
The assistance of an experienced attorney can help landlord creditors avoid frustration as well as many potential obstacles in the forcible detainer action process.
If you would like more information about forcible detainer, landlord/ creditor’s rights, or if you need assistance from an attorney, contact Windtberg & Zdancewicz to schedule an initial consultation.
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation in all collection matters. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance with your collection matters, please contact us at (480) 584-5660.