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Forcible Detainer

An eviction proceeding in Arizona is sometimes known as a “forcible detainer.”  Eviction laws for single family residences (and apartments) are different than the laws relating to spaces in mobile home parks.  Eviction proceedings move faster than ordinary lawsuits.

Most eviction proceedings are conducted in the Arizona Justice Courts where a Justice of the Peace is the presiding judicial officer.  Although many Arizona Justices of the Peace are not lawyers, Prescott’s Justice of the Peace is an experienced, able lawyer and former prosecutor.

A well-drafted lease or rental agreement increases the possibility of a successful forcible detainer proceeding.  To maximize the possibility of a successful forcible detainer proceeding, strict adherence to judicial requirements is essential.  Proper notice must be given, at the proper time.

After a forcible detainer lawsuit is filed, everyone in possession of the premises must be served.  A trial date is set in the near future.  If the landlord prevails, judgment is entered.  After entry of judgment, there is a waiting period of five (5) days before a “writ of restitution” is issued.  The writ of restitution is the order for the constable to evict the defendant.

Under appropriate circumstances, we represent landlords in forcible detainer proceedings.