An eviction notice is the first step to the eviction process. Unlike what might be portrayed in movies and on TV, just telling a tenant that they are evicted is not all that happens to get them out of the house or apartment. Having the eviction papers served just begins a larger process.
As a property owner, it is important that you understand how the eviction process works so that you can take the right steps to protect your property and your legal rights. Here are four important things to know about the serving of eviction:
You Need Proper Service
Before your eviction proceedings can begin, you have to serve the tenants with notice. It’s highly likely that the eviction won’t come as a surprise to the tenants. So, they might take steps to avoid you. They might not answer the door. They might even stay away from the house at certain hours or even for whole days. If you don’t know the name of every resident, make sure you name as defendant John Doe and Any/All occupants, protect yourself from unforeseen squatters.
Hiring a Phoenix process server will ensure that your tenants get the proper legal notice of eviction proceedings. A process serving company hires professionals who have knowledge of the law and who have advanced strategies for ensuring that tenants are served while also meeting all legal requirements. Working with an experienced process server also ensures that the eviction proceedings are not delayed. Get your papers served correctly and on time so that you can move forward as quickly as possible with eviction proceedings.
The Notice Must Have Accurate Information
When filing an eviction, make sure you have at least 5 days from the date of filing, preferable 1 week. Then contact ASAP Serve, LLC right away. If the tenants are going to avoid, this allows the process server to “post and mail”, which means to post to the front door and to mail the eviction document via certified mail. An eviction is the only legal action this is permissible without an order from the judge.
An eviction notice has to contain specific information to be legally binding. If any of the information on the notice is misspelled or inaccurate, it can cause the entire notice to be thrown out. That means that if the address is Main Drive but the notice says Main Street, it can be thrown out.
Of course, you can always type up the notice again and refile it. However, that will delay proceedings by another week or two, which can make the whole process drag on longer than you would like. It can also give the tenants more time in your property, and if they’re feeling spiteful, that can give them more time to cause damage.
The Notice Must Include Reasoning and Timeline Information
Your eviction notice has to include all the information that the tenant needs. That includes the reasoning for the eviction, such as overdue rent or violation of the lease terms. The information should be specific, including how late the rent is and how much is owed or what specific terms were violated.
Your eviction notice should also include information about the timeline the tenant has for responding to the eviction notice or taking other action. If any of this information is omitted or is inaccurate, the tenant can have cause for challenging the notice or showing that it is invalid. Again, that can set the whole eviction process back longer than you would like.
Different Notices are Available as Options
You may be able to serve a 5-day, a 14-day, or a 30-day notice or a 60-day notice, depending on who the tenant is and other circumstances. For example, the tenant may be given more time legally if they are a senior citizen or are disabled. The tenant may also be required to have more time if they have lived in the unit for a very long time.
It is important that you read the laws carefully or consult with a lawyer to understand what the requirements are in Arizona and for your particular tenant circumstances.
Understanding the eviction laws can help you meet your legal requirements while also moving the process along so you get resolution quickly. Working with a reputable Phoenix process serving company will ensure that you get the results you need.
ASAP Serve provides dependable process serving to all kinds of clients. We help landlords get eviction papers served across Arizona. A process server from our team will make sure that your eviction notice gets to the right person at the right time, and will return with proof of service. Contact us in Arizona to learn more about what we do and why hiring a process server will help you get results in your eviction proceedings. One of our servers is ready to help you.
Published By – ASAP Serve, LLC
Mesa, AZ 85210
2820 S Alma School Rd, #18
Chandler, AZ 85286
14245 S 48th St #148
Phoenix, AZ 85044
2509 N Campbell Ave #236
Tucson, AZ 85719
Office: (520) 448-4929
*ALL LOCATIONS BY APPOINTMENT ONLY