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Arizona Immediate Eviction for Criminal Activity


Product Description

If you have "Crime Free" language in your lease or if your tenant has committed any of the following crimes on the property you can file an immediate eviction: discharging a weapon, homicide, prostitution, gang activity, drug possession, drug sales, drug manufacturing, threatening or intimidating, assault and criminal nuisance. The law also says eviction for criminal conduct is not limited to this list of crimes.  So, theoretically any other type of criminal activity on the property could justify an immediate eviction.  "Crime free" language can make it possible to evict for any criminal conduct by your tenant, committed on or off the property.  Our residential lease incorporates crime fee language in the body of the lease.  You may also be able to file for an immediate eviction if the tenant jeopardizes the health, safety and welfare of others or a tenant who threatens to cause, or has caused serious property damage.  For more information on immediate evictions in Arizona follow this link.

Our advance fee for an immediate eviction is $750.  The advance fee includes preparation and service of the immediate eviction notice, preparation of the summons and complaint, court filing fee, service of process and appearance at the initial court hearing on your behalf.  There is an fee of $250 for each additional court appearance. 

How to Retain Us to Represent you on an immediate eviction

Read the information below about the evidence we will need to proceed with an immediate eviction.  If you don't have the necessary proof, we can't file for an immediate eviction.  Then, read the terms of our engagement below.  The engagement describes exactly what we will do for you.  If you agree with the terms of the engagement click on the "Add to Cart" button above.   After check out, we will send you an email with instructions on how to get your evidence to us and how the case will proceed.   

Witnesses and Evidence

In order to prevail in court you must be able to prove that criminal conduct occurred, or that the tenant jeopardizes health and safety, or has caused serious property damage.  In order to prove the facts necessary to win an immediate eviction case at trial, you frequently need the testimony of people who witnessed the criminal conduct, observed the damage or heard the tenant threaten another person.  Because everything happens so quickly in an immediate eviction case, you need to identify your potential witnesses immediately and get their contact information.  Tell your potential witnesses as soon as possible that you will need their testimony for the trial.  Give us their names and contact information so we can subpoena them if necessary. 

If your immediate eviction is based on violation of crime free language in your lease or addendum, we need a copy of the lease or addendum.  If the police were called, they will have generated some type of police report.  Get the names and badge numbers of the officers involved. Let them know you will be seeking an immediate eviction and that they could be called as witnesses.  Obtain a copy of the police report and submit the report to our office after you have obtained a copy. 

If you don't have all the evidence we describe here, you may still be able to proceed with an immediate eviction.  We evaluate the evidence available in each case to assess the likelihood of success at trial.  If we conclude that the available evidence is not sufficient to meet the burden of proof, we will advise you of our conclusion and suggest alternatives to an immediate eviction.

Terms of Engagement

We will undertake to represent you in one immediate eviction lawsuit. The advance fee for the case is $750. The first step in the process will be to evaluate the evidence to assess the likelihood of prevailing at trial. If we conclude that the available evidence will not meet the burden of proof for an immediate eviction, we will advise you of that fact and suggest alternative courses of action to deal with the tenant.  If we conclude that an immediate eviction should not be filed, we will refund $600 of the advance fee.  As an alternative, to a refund, you may instruct us to provide other services, such as an appropriate notice of breach to the tenant.  If you ask us to perform other legal services, we will deduct the cost of those other services form the $600 advance fee balance and then refund the remaining balance of the advance fee to you.

If we conclude that there is a reasonable likelihood of success for an immediate eviction, an immediate eviction notice will be prepared and served, the pleadings will be prepared and filed in court and the tenants will be served with a summons. We will appear in court for you and if possible obtain an eviction without trial.  If the tenant appears to defend, we will represent you at the trial.  We do not recommend settling with an immediate eviction tenant. However, if the tenant vacates the property prior to the initial appearance date and you don't want to proceed to judgment, we will refund $150 to you.

If a trial or additional court appearances are required a fee of $250 will be charged for each additional 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 twelve hours of judgment, we will obtain a writ of restitution on your behalf. Preparation of the writ and submittal to the court are included in your legal fees. However, service of the writ of restitution by the Sheriff or Constable requires a court fee in the range of ninety to one hundred fifty dollars depending on the precinct. If you require a writ of restitution, 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. This agreement does not cover negotiation and drafting of a written settlement agreement to resolve the case, nor does it include a response to any post-judgment motion filed by your former tenant.

Responding to a post-judgment motion is $300.  Such motions are rare. The most common type of post-judgment motion is a motion to set the judgment aside under Rule 60 of the Rules of Civil Procedure. 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.

If the terms of engagement are acceptable, please click on the "Add to Cart" button above.  


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