Forcible Entry and Detainer is a legal action which a rightful owner may take to remove tenants from his property. It may be used in the Residential Landlord and Tenant situation where the tenant refuses to leave. It may also be used after Foreclosures and Trustee Sales against a former owner. This is a legal action which must be done according to law. Properly done, you will receive a court order directing the sheriff to come and evict the tenants. For experienced help, you are urged to contact a Phoenix real estate attorney from the legal team of Schern Richardson Finter Decker, PLC.
As a landlord, this is an action which is an unpleasant necessity. You have your own bills to pay, including perhaps a mortgage. You cannot rent to a paying tenant until the non-paying tenant is removed. In the case of foreclosures or trustee sales, you are the new owner of the home or building and you want to put it to use. For this to occur, the tenants must be evicted first.
The proper procedure is that you give the tenants a 5 to 7 day notice with an order to quit. If they fail to do so, you file a lawsuit for forcible entry and detainer and serve the tenants. The court hearing can usually be scheduled on short notice. At the hearing, the only question will be whether the tenant has a right to possession. If not, the court will order the tenants to leave within 5 days. If they fail to do so, the sheriff is given authority to remove the tenants and give you possession.
We are experienced at helping landlords and rightful owners take possession of their property with eviction processes. If you require forcible entry and detainer proceedings, we urge you to contact us. We are skilled at evictions of tenants from both residential and commercial property including landlord and tenant and foreclosure situations.
Contact a Phoenix Forcible Entry and Detainer Attorney at the firm if you seek to evict tenants from your property.
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