Eviction Law in Chandler, AZ

Evictions can have long-term financial impacts on a person’s life. You may have trouble finding a new place or paying higher rent. Additionally, having this even in your history can negatively impact your credit score.

In worst-case scenarios, an eviction may lead to legal fees and debt collection harassment. Regardless of the severity, you may benefit from legal assistance. An attorney in Chandler may be able to keep you in your home and away from financial ruin. Identify your legal options in this article and ask us to connect you with a local attorney today.

What Is an Eviction?

Eviction refers to the mandatory removal of tenants from a property, typically following the issuance of a notice. Non-payment of rent or lease agreement violations are common reasons for evictions.

However, evicting a troublesome tenant can be a protracted and expensive undertaking. Gaining an understanding of landlord-tenant laws in Chandler, Arizona can help reduce this pain.

Eviction notices are typically in response to significant issues with a tenant. But issuing this legal warning does not always result in an eviction.

In many cases, it serves as a final warning to the tenant. It also gives them a chance to rectify their behavior. If the tenant pays their rent or complies with the lease agreement, they may be able to avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

In Chandler, AZ, you can evict a tenant if they pay late consistently or have not made payments. Some states offer a grace period for occasional late payments, but the property owner can issue an eviction notice.

There is no specific eviction grace period in Chandler currently. But eviction regulations are subject to change, so it’s in your best interest to consult with a qualified attorney. The CDC’s eviction moratorium expired in August 2021, so there are no federal eviction protections to utilize.

Maintain a copy of the late rent notices you send to your tenants. This evidence will enable you to produce written documentation of delinquency. This material can be vital to a legal dispute over eviction.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are formal legal contracts. This status implies that any violation of the contract by the tenant may be grounds for eviction. For instance, consider a situation where an additional person cannot live in the unit. If someone violates this provision, the eviction process can begin.

The lease agreement is equally binding on the landlord. As such, a Chandler landlord must abide by the provisions outlined in the lease agreement. This obligation may include conducting repairs and maintenance tasks specified in the lease.

The Tenant Damages the Property

Tenants will inevitably cause some level of damage to the property. Wear and tear is a natural part of living in a home. However, there is a distinction between minor scratches on the walls and deliberate destruction of property.

If a tenant causes substantial damage to the property, this could be justification for eviction. However, if they conduct repairs and do not make significant alterations, this may not warrant kicking them out.

The Tenant Uses the Property for Illegal Purposes

If a tenant uses your Chandler property for unlawful activities, that is grounds for eviction. Additionally, reporting the matter may result in the tenant facing criminal charges.

Nevertheless, you should be ready to provide proof that the tenant is using the property for illegal activities. If law enforcement officials have visited the property, those reports may serve as valuable evidence.

How to Evict a Tenant in Chandler, Arizona

If you plan on evicting a tenant, it is essential to know the procedure. The following outlines the steps involved.

Step 1. Check Your Local Laws

Laws governing evictions vary from one state to another and can even differ at the municipal level. As such, familiarity with the relevant local laws is necessary before taking action.

Before serving an eviction notice, it is essential to ascertain whether a legally valid reason exists for doing so. If you are in doubt, seek the assistance of a qualified attorney in Chandler, AZ.

Tenants in Chandler have certain rights specified in state and local laws. For instance, landlords are responsible for maintaining a safe and habitable living environment. They must make necessary changes and repairs promptly.

Contrarily, tenants have the right to request repairs and may withhold rent if they do not happen. Tenants also have the privilege to contest evictions and defend themselves in court.

Step 2. Give a Formal Notice of Eviction

If your tenants persist in lease violations despite your attempts to resolve the issue, the next step is an eviction notice. This notice acts as a final warning. It details the tenant’s breach of the contract and what actions they can take to stop the process.

You can find many resources if you feel uncertain about how to create an eviction notice. It should document the overdue rent and offer a deadline to pay or vacate. It is critical that it outlines your reasons for taking this action and how to reverse it.

Particular legal details must be in the eviction notice to remove a tenant in Chandler. It must state why they have received the document and give them a deadline. The consequences of not meeting expectations should also be present.

Landlords must serve the notice in person or post it on the property, followed by a mailed copy. Consulting with an attorney can help avoid crucial mistakes when writing or issuing it to renters.

Step 3. File the Eviction with the Court

The eviction notice must go to the court system within a few days. The judge will then schedule a hearing and notify the tenant with a summons. In most circumstances, you attend this event with the Chandler Municipal Court.

Step 4. Contact an Experienced Chandler, Arizona Eviction Attorney and Prepare for the Hearing

Seek legal assistance quickly to prepare for the eviction hearing. Additionally, ensure to bring the following critical documents:

• Records of rent payments
• Bounced checks, if applicable
• The lease contract
• Eviction notices
• Communication records
• Evidence of serving the notice

Step 5. Evict the Tenant

After prevailing at the hearing, the tenant will have a period to vacate the property. They usually have to leave within 48 hours to a week. If the tenant fails to leave the property, you can reach out to Chandler, AZ law enforcement to remove them.

Step 6. Collect Past-Due Rent Payments

You can have substantial challenges ahead if the tenant owes rent. Regardless, there are several methods you can try:

• Petition to garnish the former tenant’s tax refunds
• File a civil complaint in small claims court
• Sign up for services from a debt collector
• Garnish their wages

Work With an Experienced Eviction Attorney in Chandler, Arizona

Tenants may argue their landlord did not follow the correct procedures with the eviction notice. They can take this added pressure from the situation by hiring an experienced attorney from Chandler.

If you need legal help, contact us online through our website or call (866) 345-6784. We also have the resources to find an attorney across Arizona lines.