When a tenant commits a crime on the property violating the crime free lease provisions and/or the provisions authorizing a notice for immediate termination under ARS 33-1368[1], many landlords jump to the conclusion that the tenant will be removed immediately. While the process is shortened in places, a notice of immediate termination does not mean immediate return of the property to the landlord.

When a tenant commits a serious criminal act that results in the landlord providing a 24 hour or immediate notice of termination, the landlord may file for eviction after the time runs on the notice. While a landlord would have to wait five days for nonpayment of rent or ten days for other lease violations under the Residential Act, the 24 hour window is significantly faster. This does not mean, however, that the tenant is removed from the property by law enforcement in 24 hours. It means you can start the court process. To get a court date, landlords must still wait at a minimum 3-5 days (often longer depending upon the court calendar) for the court hearing. Should the tenant contest the allegations, the Judge may set the matter for a second hearing. This will be set as quickly as possible on the court calendar, but this could be the following day or a week from the original court date. If and when the Court finds in the Landlord’s favor, a writ of restitution is authorized to issue 24 hours from the final court hearing. Normally a landlord has to wait five days for the authorization of the writ which allows the constable or sheriff to remove the tenant.

While the time between the notice and filing for court and the time between the final court date and the authorization of the writ of restitution are reduced, an immediate notice does not immediately remove the tenant from a property. It can still take a week or more before a tenant is removed for criminal activity on the property.

[1] If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions which may constitute a material and irreparable breach of a tenant’s lease is not exhaustive. ARS 33-1368(A)(2)