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Arizona Residential Eviction in Justice Court

Price:
$475.00


Product Description

The fee covers preparation of the summons and complaint, court filing fee, service of process and appearance at the initial court hearing on your behalf.  We handle eviction lawsuits in Arizona's most populated counties. Our fee varies by County.  If your tenant demands a trial, there is an additional fee of $250 for the trial or each subsequent court appearance after the initial hearing.  Few cases go to trial.  Arizona law requires that a tenant must be served with a notice before an eviction lawsuit can be filed.  If you have not served your tenant with a notice, we can do that for you.

We Need a Copy of the Lease

You may evict a tenant if you have an oral rental agreement.  However, if you have a lease, we will need a copy of the lease before we can file the case. We prefer a PDF copy of the lease Emailed to our office.  You will receive the email address for submitting the lease in our instructions email after you check out.  If you don't have a written lease with your tenant, please confirm that fact when you respond to our instructions email.   

Evidence we must have prior to filing

In addition to the lease, we need some additional evidence to be able to successfully present the case for trial. While the vast majority of eviction cases are resolved without a trial, we must still make certain that we can prove our case if necessary.  In every case, we need a copy of the notice that was served on the tenant and some form of proof of service.  If you served the notice by certified mail, we will need copies of the Post Office certified mail form 3800 with a postmark from your branch Post Office.  If the tenant signs the certified mail return card, Post Office form 3811, we will need a copy of that form.    

Other Evidence that can help

Any admissions made by your tenant can help if the case gets set for trial. These days landlords and tenants often exchange Emails.  If you have Emails, or other written communications, in which your tenant admits that they have not paid rent, we may be able to use those at trial.  Sometimes tenants will send their landlord an email after they are severed with a notice.  Make copies of any Emails or letters from your tenant that relate to the eviction.  They may be useful at trial. 

 

Terms of Engagement

We will undertake to represent you in one forcible detainer lawsuit. A forcible detainer action will be filed in Justice Court to obtain a judgment on your behalf, and if necessary, a writ of restitution removing the tenant from the property. The advance fee for the case varies by County. It's $475 for Maricopa County and Apache Junction.  Our fee is $575 for Pinal and Yavapai counties; Coconino County and Pima County $750.  For this fee, the pleadings will be prepared and filed in court and the tenants will be served with a summons.  Court filing fees and service of process by a licensed process server are included. We will appear in court for you and if possible obtain an eviction without trial. If you settle with your tenant before we file, we will retain $200 to cover our adminstrative costs and refund the balance to you. If you settle after we file the case and more than 24 hours prior to the initial hearing, we will retain $375 for our adminstrative costs and attorneys' fees and refund the balance to you. If you settle within 24 hours of the initial hearing, or if your client pays in full after service of process, prior to judgment, we will charge you the full advance fee.

Over ninety percent of cases are resolved with the initial court appearance. If a trial is necessary in your case, or additional court appearances, an additional fee of two hundred fifty dollars ($250.00) will be charged for each court appearance. If you paid by credit card, we will run the additional charge prior to the court appearance. If you paid by check, this fee must be paid prior to the additional court appearance.

If your tenant does not vacate within five days of judgment, we will obtain a writ of restitution on your behalf.  Service of the writ of restitution by the Sheriff or Constable requires a court filing fee and a constable fee, plus mileage for the constable.  If you require a writ of restitution you can order it from this web store.  The Sheriff's or Constable's fees must be paid in advance.

If you do not pay a statement promptly, we may charge interest on any unpaid amounts at the rate of one percent per month, and we may terminate our services and/or withdraw from further representation of you, regardless of the status of any pending matter at the time of nonpayment. You may terminate our services at any time by notifying us of your intent to do so. We may terminate this agreement for the reasons set forth herein and in the Policy on Professional Fees and for any other reason allowed by the Arizona Rules of Professional Conduct.

This agreement is for legal representation on one case in Justice Court. It does not cover an appeal from that court to a higher court and it does not cover a case in which the Justice Court removes the case to Superior Court prior to judgment because of a title issue. This agreement does not cover negotiation and drafting of a written settlement agreement to resolve the case, nor does it include a motion to issue the writ more than 45 days after judgment, or a response to any post-judgment motion filed by your former tenant.

Negotiation and drafting of a written settlement agreement is an additional $200.  Responding to a post-judgment motion is an additional $300.  Such motions are rare. The most common type of post-judgment motion is a motion to set the judgment aside under the Arizona Rules of Civil Procedure for Eviction Actions. Judgments may be set aside in cases of due process violations, fraud or excusable neglect by the tenant. These motions rarely succeed, but they must be defended to preserve the judgment.  The advance fee for the evition does not cover representation on any appeal filed by the tenant.  We do handle appeals but a seperate engagement agreement is needed to retain us for the appeal. 

If the terms of engagement are acceptable, please click on the "Add to Cart" button above.  Clicking on the button signifies your acceptance of the terms of this engagement.

 


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Product Reviews

Showing reviews 1-2 of 4 | Next

  1. Easy And Simple Eviction 5 Star Review

    Posted by on 28th Apr 2017

    The whole process is quick and painless. With quick responses from Keyt Law. Highly recommend!!!!


  2. Quick and simple 4 Star Review

    Posted by on 17th Jan 2017

    I liked how quick and simple the process was to populate the required fields and forward to the office to help expedite the eviction process. I would recommend this product.


Showing reviews 1-2 of 4 | Next




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