Forcible/Special Detainer Worksheets
Procedures for Initiating Forcible/Special Detainer Actions
This form contains instructions on how to initiate a forcible detainer. Forcible Special Detainer Worksheet (Non-Payment of Rent) This form is useful to our office to begin a Forcible/Special Detainer Action (Eviction) against a Resident(s) that has not paid their rent, and when you have served the 5-Day Notice of Non-Payment of Rent either by personal service or certified mail (keeping in mind that the notice has expired at the time you send it to the Law Offices of Scott M. Clark). It is very important that you provide accurate and detailed information on this Worksheet so we can properly prepare a Complaint to be filed in the Court and obtain a Court Date.
Eviction Fax Cover Sheet
This form should be used when you fax your initial paperwork to our office. Please list each tenant's name and apartment on this cover sheet so we can confirm we received all of your files.
5-Day Notices
Notice of Intent to Terminate Lease Agreement:
Notice of Intent to Terminate Lease Agreement for Non-Payment of Rent
Notice of Intent to Terminate Lease Agreement for Non-Payment of Rent (In Spanish)
This notice is to be served if your Resident(s) has not paid their rent on the date that rent is considered late as specified on your lease agreement. [Count five (5) days from the date the notice has been served personally, or five (5) days from the date the Resident has signed for the certified mailing as indicated on the green card, or ten (10) days from date of mailing if it has been sent via certified mail, in order to proceed with filing a Complaint in the Justice Court]
Notice of Intent to Terminate Lease Agreement for Rejection and Return of Partial Payment
This notice is to be served if your Resident(s) makes a partial payment instead of the full or total amount owed and you do not wish to accept their partial payment. It is suggested that this notice be sent along with the rejected partial payment by certified mail in order to avoid any claims that you "accepted" the tendered partial payment.
Notice of Intent to Terminate Lease Agreement for Breach Related to Health and Safety
Notice of Intent to Terminate Lease Agreement for Breach Related to Health and Safety (In Spanish)
This notice is to be served if your Resident(s) engages in conduct which constitutes a health and safety risk to other residents. Examples include: (1) the Resident(s) fails to have electricity or (2) fails to maintain the property in a clean and safe manner as required. If your Resident(s) has not complied with this notice, you can proceed by filing a Forcible/Special Detainer (Eviction).
Promise to Pay/Termination for Nonpayment
This notice is an agreement between Management and the Resident(s) that payments will be made on certain days and in certain amounts signed by both Management and the Resident(s). If the Resident(s) does not comply with this agreement on any of the agreed dates that payments are to be made, then you can proceed by filing a Forcible/Special Detainer (Eviction).
Immediate Notice of Terminations:
Notice of Material and Irreparable Breach of Lease Agreement
Notice of Material and Irreparable Breach of Lease Agreement (In Spanish) (Immediate Notice Of Termination)
This notice is to be served if the Resident(s) or occupants or guests of the Resident(s) have engaged in conduct warranting an immediate eviction as outlined in, A.R.S. 33-1368 (A). Generally, the conduct must involve actions which have alleged criminal conduct (i.e. violation of the Crime Free Lease Addendum) or serious property damage.
Ten (10) Day Notices:
Notice of Intent to Terminate Lease Application/Agreement
Notice of Intent to Terminate Lease Agreement for Material Breach
Notice of Intent to Terminate Lease Agreement for Material Breach (In Spanish)
This notice is to be served if, for any reason, your Resident(s) is engaging in conduct in violation of the terms of the lease agreement and/or the applicable statute, A.R.S. 33-1341. For example: excessive noise, disturbing the peace and quiet enjoyment of the property by other residents, and unauthorized occupants. If your Resident(s) has not complied after being served with this notice, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Intent to Terminate Lease Agreement for Second Material Breach
Notice of Intent to Terminate Lease Agreement for Second Material Breach (In Spanish)
This notice is to be served if you have previously served a TEN (10) DAY NOTICE to your Resident(s) and after the expiration of the ten (10) day notice, the Resident(s) again engage in conduct of the same or similar nature as to the conduct described in the first TEN (10) DAY NOTICE. If the Resident(s) fails to vacate Ten (10) days after service of this notice, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Intent to Terminate Lease Agreement for Material Falsification (Curable)
Notice of Intent to Terminate Lease Agreement for Material Falsification (Curable) (In Spanish)
This notice is to be served if your Resident(s) has provided untrue or misleading information about number of occupants, pets, income, social security number, or current employment. If your Resident(s) does not comply by proving truthful information and complying, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Intent to Terminate Lease Agreement for Material Falsification (Non-Curable)
Notice of Intent to Terminate Lease Agreement for Material Falsification (Non-Curable) (In Spanish) (Ten (10) Day Notice)
This notice is to be served if your Resident(s) has provided untrue or misleading information about their criminal record, prior eviction record and/or current criminal activities. If your Resident(s) does not vacate within ten (10) days, you can proceed by filing a Forcible/Special Detainer (Eviction).
Fourteen (14) Day Notices:
Notice of Material Breach Relating to Property Repair
FOURTEEN DAY NOTICE (REIMBURSE)
This notice is for use to compel a resident to pay for the repairs landlord has made after the resident caused serious property damage. If the payment is not made within the fourteen days, the costs will attach to the next rental due date. It is not a termination notice but may eventually lead to an eviction if the resident fails to pay.
Notice of Material Breach of Lease Relating to Property Damage
FOURTEEN DAY NOTICE (REPAIR)
This notice is for use to compel a resident to repair serious property damage within fourteen days and, if it is not done, then the landlord will make the repairs and bill the resident its costs. Those costs will then be attached to the next rent payment after a follow-up letter is sent outlining the expenses. It is not a termination notice but may eventually lead to an eviction if the resident fails to comply.
Thirty (30) Day Notices:
Notice Not to Renew Lease Agreement
This notice is to be served if you decide not to renew the Rental Agreement between Management and your Resident(s). Generally, you do not have to provide a reason when not renewing a Rental Agreement. In the event the Resident(s) fails to vacate, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Termination of Month to Month Tenancy
This notice is to be served if you decide not to continue the month to month agreement with your Resident(s). You are to serve your Resident(s) on or before the first of the month rental due date allowing them thirty (30) days to move out from your property. In the event the Resident(s) fails to vacate, you can proceed by filing a Forcible/Special Detainer (Eviction).
Miscellaneous Notices:
Notice of Declaration of Abandonment
This notice is to be served if the Resident(s) has not paid rent and there is no indication that they are still occupying the property other than the presence of their personal property. With this notice you are requesting the tenant to contact you within 5 days from the day you have posted this notice and sent the notice by certified mail. After the notice has expired, if the Resident(s) has not contacted you, you can enter the dwelling and take possession of the property. If there are items in that unit, than you must hold them for 10 days along with sending a NOTICE OF LOCATION OF PERSONAL PROPERTY to the last known address. You can later proceed with a public sale in the event the Resident(s) does not make arrangements to retrieve the property.
Notice of Location of Personal Property After Abandonment
This notice is to be sent after you have received possession back from a unit, and after you have served a NOTICE OF DECLARATION OF ABANDONMENT, and there are still items that have been left behind that are considered of value. You must give a brief description of the items that have been left in the dwelling and allow ten (10) days for the former Resident(s) to come and take possession of those items (after paying reasonable storage fees).
Notice of Location of Personal Property After Judgment and Writ of Restitution
This notice is to be served after Management has obtained a judgment and the Constable has gone out to the property and returned possession to Management. Management is to prepare an inventory of the items that have been left in the dwelling along with this notice to the former Resident(s) letting them know what has been left behind, the amount of time they have to claim their belongings (twenty-one (21) days after the writ of restitution has been served) and the expense that Management has incurred. If the items are not claimed within the twenty-one (21) day period by the former Resident(s), Management shall proceed with a PUBLIC SALE.
Affidavit of Collection of Personal Property Notice of Public Sale
This notice is to be served by certified mail to the last known address, of the former Resident(s) (or any other address known to Management) and then published in the newspaper.
Notice of Intention to Enter Premises
Notice of Intention to Enter Premises (In Spanish)
This notice is to be served if Management intends to enter the premises for any of the lawful purposes set forth in A.R.S. 33-1343.
Pest Control Addendum May 2011
Informational Handout for Bedbugs
Medical Marijuana Addendum
Post Judgment Possession Agreement Non-waiver for Receipt of Payment on Judgment
This form is to be signed by Management and the Resident(s) if a judgment has been obtained, in which Management and the Resident(s) come into an agreement where Management allows the Resident(s) to remain in possession if they pay a certain amount, and continue to pay the amounts as agreed. If at any time the Resident(s) defaults on such agreement, Management is able to file a Writ of Restitution to obtain possession of the premises without having to begin a new Forcible/Special Detainer (Eviction) action against the same Resident(s).
Verification of Military Orders
The verification of military orders will allow someone to get out of their lease if they are being stationed elsewhere.