Fillable Summons Eviction Action Form (Page 2 of 2) in pdf

RESIDENTIAL EVICTION INFORMATION SHEET

(This page to be served on defendant with Summons and Complaint)

Notice A landlord must provide a tenant with written notice saying why the eviction process has started.

The tenant should have received this notice before this lawsuit was filed.

Rent cases If this lawsuit has been filed for not paying rent, the tenant can stop it and continue living in

the residence by paying all rent now due, late fees, attorney’s fees and court costs. After a judgment has

been granted, reinstatement of the lease is solely in the landlord’s discretion. Inability to pay rent is not a

legal defense and the judge cannot give more time to pay, even if the tenant is having financial

problems.

Before Court Eviction cases move through the court system very quickly. If the tenant disagrees with

the landlord’s allegations, the tenant is encouraged to file a written answer. The answer form available

from the court allows the tenant to admit or deny the allegations and explain his or her position. If the

tenant cannot afford to pay the answer fee, he or she may apply for a waiver of that fee. If a tenant

believes that the landlord owes him or her money, the tenant may under some circumstances file a

counterclaim. The summons states that a trial will occur on the date listed, but due to the high volume of

cases, a trial may not occur then. If the tenant fails to appear, and the landlord or his attorney is present,

a judgment will probably be entered against the tenant. Tenants can represent themselves or arrange

for lawyers to represent them. The court will not provide a lawyer.

At Court At the time listed on the summons, the judge will start calling cases. If both parties are

present, the judge will ask the tenant whether the complaint is true. If the tenant says "no", he or she will

need to briefly tell the judge why. If the reason is a legal defense, the judge will need to hear

testimony from both sides and make a decision after a trial. After talking to the landlord or its attorney, a

tenant may wish to agree to what the landlord is requesting by signing a "stipulation". A stipulation is an

agreement under which the parties resolve the dispute on the basis of what the agreement says. Only

matters contained in the written agreement can be enforced. These agreements should be clear and

understandable by both parties. Most stipulations include judgments against tenants..

Continuances Either party may ask that the court date be delayed. The court will agree only if there is a

very good reason. A delay will be no more than three business days. There is no assurance a delay will

be granted and parties should come to court prepared for trial and bring necessary witnesses and

documents.

After a Judgment If a landlord receives a judgment, it may apply for a writ of restitution to remove the

tenant(s) and all occupants. Writs of Restitution are served by constables, who will direct the residents to leave. A tenant

may avoid the difficulties associated with a writ of restitution by vacating the property and returning the

keys to the landlord. This ends the tenants’ possession of the residence. A tenant will have five (5) days to vacate the

premises unless evicted for criminal activity, in which case the tenant has only twelve (12) to twenty-four (24) hours to

vacate. A judgment will probably appear on a tenant's credit report for several years. Parties wishing to appeal

from a judgment have five days to do so after the judgment is entered and can obtain forms and

information from the court filing counter. If a tenant wants to remain in the rental home during the

appeal, the tenant must also pay an appropriate bond and continue to pay rent into the court as it becomes due. If the

tenant prevails the court will dismiss the case. Absent an appeal, the tenant will need to obtain the landlords approval and

enter a new lease to continue living in the residence.

Sources of Additional Information You can get copies of the Arizona Residential Landlord Tenant Act,

the Arizona Mobile Home Parks Residential Landlord and Tenant Act and the Long Term Recreational

Vehicle Rental Space Act from a library or from the Secretary of State’s office or web page:

In Maricopa County if you wish to consult an attorney, you may want to contact the

Arizona State Bar Attorney Referrals Line at (602) 257-4434 or Community Legal Services at (602) 258-

3434. Contact the court in other counties for similar referrals. You can obtain a summary of the

obligations of landlords and tenants on the web page for justice courts in Maricopa County:

Residential Eviction Information Sheet Page 1 of 1

LJ_EA_00001_12212010ST

Page 2 of 2

Summons Eviction Action Form Page 2

Related Articles

Related forms

Related Categories