If you’re asking, “How long do evictions take?” you probably have a non-paying tenant or you’re proactively thinking about what might happen if your tenants fail to pay the rent in the future. In Arizona, the eviction process is governed by the Arizona Residential Landlord and Tenant Act. It establishes all of the procedures that landlords must follow. Stepping outside these regulations can put you at risk of a lawsuit from a wrongfully evicted tenant. Because of this, it’s essential to consult an experienced property manager. In fact, a property manager can handle the entire eviction process for you, enabling you to enjoy passive income from your rental business.
How long do evictions take?
On average, an eviction will take 25 days from start to finish. However, specific evictions can vary, depending primarily on the reason for the eviction. The most common reason for initiating an eviction is failure to pay the rent. If the rent is due on the first of the month and the tenant doesn’t pay, the property manager can issue a five-day notice on the second of the month. The five-day notice gives the tenant five more days to pay the rent. If the tenant still doesn’t pay, then the property manager can take the tenant to court, usually by the 15th of the month.
Property managers can follow the same timeline for evictions based on failure to properly maintain rental premises. Note that you can only use this type of eviction if the tenant’s negligence has affected the health and safety of the tenant or other tenants. As an example, if the tenant is a hoarder who refuses to throw away trash, the pests attracted to the trash can affect health and safety. In this case, the tenant’s five-day notice gives him or her five days to fix the problem before the eviction is filed.
In Arizona, it’s also possible to evict someone for violating the lease. Examples of lease violations include the following:
- Providing false information on the rental application
- Housing unauthorized pets or guests
- Providing incorrect employment information
- Giving the wrong Social Security number
In this situation, the property manager must give the tenant a 10-day notice. The tenant is allowed 10 days to fix the problem or else risk eviction.
Can landlords ever evict a tenant immediately?
It’s possible to skip the mandatory notifications if a tenant has been involved in illegal activity. Criminal activity may include the following:
- Manufacturing, selling, or possessing an illegal substance
- Threats or intimidation
- Illegally discharging or possessing a weapon
- Street gang activity
- Endangering the welfare of another tenant, the landlord, or another party
- Willfully causing serious property damage
If a tenant engages in criminal activity, the property manager doesn’t have to provide a notice to the tenant. Instead, he or she can immediately file the eviction paperwork in court, issue the summons on the same day, and then have a certified processed server serve the paperwork to the tenant. As a result, you can usually force a tenant to leave the property fairly quickly if they have engaged in criminal activity.
What about COVID-19 hardship exceptions?
Times are tough, and many renters have lost their jobs and are unable to make their rent payments. In Arizona, Governor Ducey has announced an extension on the moratorium on residential evictions. Executive Order 2020-14 postpones the enforcement of eviction action orders until October 31, 2020. Bear in mind this moratorium may possibly get extended again, so check with your property manager for updates.
The COVID-19 hardship exception is available for tenants who are experiencing financial or medical difficulties due to the pandemic. In order to delay the eviction, tenants must do the following:
- Notify (or re-notify) their property manager/landlord of their ongoing financial hardship caused by COVID-19. Tenants must submit this notification in writing, along with supporting documentation. They must request a payment plan for their back rent.
- Tenants must also complete and submit an application for rental assistance through a city, county, state, or nonprofit program. They must provide a copy of this pending application to the property manager or landlord.
These requirements are significant because it may still be possible to evict a tenant prior to October 31. If the tenant’s financial hardships aren’t due to the pandemic, it may be possible to evict them. It may also be possible to evict a non-paying tenant who fails to follow the necessary protocols for eviction protection.
Still wondering, “How long do evictions take?” You don’t have to handle this issue on your own! If you have a tenant who isn’t paying the rent or has otherwise violated the terms of their lease, you can contact New Concept Property Management. We offer fully compliant, prompt eviction services so that you can enjoy a stress-free rental business. Contact our property management company in Tucson at (520) 305-3950 if you have any questions or would like to become a client.