Court News
EVICTIONS COURT – WHAT CAN YOU EXPECT?

An eviction is the civil process by which a landlord may legally remove a tenant from their rental property. An eviction may occur when the tenant stops paying rent or when the terms of the rental agreement are breached.

The evictions process in Arizona starts when your landlord sends you a letter advising you that you have failed to pay rent or have otherwise breached the rental agreement. If you are unable to settle the issue, the next step in the process is for your landlord to file a summons and complaint with the court. You will receive the summons and complaint, and this requires you to appear before a judge who will decide if the landlord is entitled to have you removed from the property.

Coming to Court, either in person or by ZOOM can be intimidating and uncomfortable. This may be especially stressful for tenants who are in danger of losing their homes. The judge and courtroom staff are fully aware of this. Knowing what to expect could relieve some of this stress.

The case starts when the judge calls the case by naming the parties and case number. After all the parties have come forward and are seated, the judge will advise you as to the reason or basis the landlord is attempting to evict you. The judge will also verify that the required notices were given and properly delivered to you. The judge also verifies that service of the summons and complaint upon you complies with statutes and rules.

Normally in cases involving non-payment of rent, the judge first hears from the landlord, or landlord’s attorney as to the amounts owed. After the court hears from the landlord or the attorney, you will have an opportunity to tell the judge if you agree or disagree with the information given to the judge by the landlord. If there is no dispute as to the rents owed, judgment will be entered against you. The judge will also advise you on what date the landlord may apply to have you removed.

The judge then will discuss other issues such as rental assistance and other alternatives that could help you resolve the problem with your landlord even after the landlord has been granted the judgment in its favor.

If you disagree and can show the judge that there may be an issue that requires additional time to resolve, the judge may schedule another hearing and give you the opportunity to present evidence supporting your position.

The following are suggestions for both defendants (tenants) and landlords who do not have any attorney that can make you court experience easier and better prepare you for the hearing:

• Learn the laws and rules that apply to your case.
If you are a landlord representing yourself, the judge will expect that you have prepared all pleadings and notices in accordance with the rules, laws and procedures that govern eviction cases.

• Make sure all your submissions ae complete, neat and timely filed with the court.

• Attend all hearings and get to the courthouse early.

• Bring your evidence and make copies for the other side.

• Arrange for an interpreter. (If applicable)

• Dress appropriately.

• Bring an outline of what you want to say.
Representing yourself in court can be a nerve-wracking experience. You do not want to read a prepared statement, but an outline can be a useful tool to remind you of the main points that you want to cover.

• Practice your argument.
You should be prepared to describe your claims, defenses, and evidence briefly and clearly to the judge. Try practicing in front of a mirror or friends without reading from a prepared statement.

• Conduct yourself properly in the courtroom.
Do not chew gum, eat, read a newspaper, sleep, listen to earphones, or have your cell phone turned on. During the hearing, you should listen carefully and talk directly to the judge, whom you should address as “Judge” or “Your Honor.”

Judge Ron Newman