Mesa evictions: getting the summons served on a tight clock

Court notice taped to the front door of a Mesa rental house during an eviction case

Most civil cases move slowly. Arizona evictions do not. If you own a rental in Mesa, whether that is a single house in a west Mesa subdivision or a fourplex near downtown, the eviction process runs on a schedule measured in days. Getting the summons served correctly, and on time, is the step that most often goes wrong.

This covers the usual nonpayment case under Arizona's Residential Landlord and Tenant Act. It is general information; if anything about your situation is unusual, ask a landlord-tenant lawyer.

Before you file: the notice

Under A.R.S. 33-1368(B), if rent is unpaid, the landlord gives the tenant written notice of nonpayment and of the intention to end the rental agreement if the rent is not paid within five days. If the tenant does not pay within that period, the landlord can file a special detainer (eviction) action. The tenant can reinstate the lease before filing by paying all past due rent and a reasonable late fee set in a written rental agreement.

The notice is not the same as the court summons, and it is not served by the court. Get it right, keep a copy, and note how and when it was delivered. A defective notice can sink the case before anyone gets near a courtroom.

Which court

Many Mesa evictions are filed in a justice court. Under A.R.S. 22-201, justice courts share jurisdiction with the Superior Court over eviction cases when the amount involved is $10,000 or less. Mesa sits in several justice precincts, and the precinct depends on the property's address. The four justice courts with Mesa names (East Mesa, Highland, North Mesa and West Mesa) all list the same address: 222 E. Javelina Ave., Mesa, in different suites. The county's justice court locations page links to a lookup that tells you which precinct an address falls in.

File in the wrong precinct and you can lose days you do not have.

The summons timeline

A.R.S. 33-1377 sets the pace:

The summons is issued on the day the complaint is filed.
It tells the tenant to appear and answer at a time that is not more than six and not less than three days from the date of the summons.
It must be served at least two days before the return day, which is also the trial date.

In practice that leaves a very short window for service. Waiting a day to hand the papers to a process server is a real cost.

How the summons can be served

The statute describes a specific route. If personal service is attempted, and within one day of the summons being issued a copy is conspicuously posted on the main entrance of the tenant's residence, and on the same day it is sent by certified mail, return receipt requested, to the tenant's last known address, the tenant is treated as having received the summons three days after mailing.

Read that carefully. The posting and mailing route starts with an attempt at personal service. Posting alone, or mailing alone, does not do it. Your process server should document the attempt, the posting (often with a photograph) and the mailing, because the judge will look at the return of service on the trial date.

If the tenant is home, personal service is simplest. The server hands over the papers and files proof.

Mobile homes and RV spaces follow different rules

East Mesa has plenty of mobile home parks and 55-and-over RV resorts. If your tenant rents a space in one of them, the Residential Landlord and Tenant Act may not be the right law.

Mobile home park tenancies are governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. 33-1401 and following). Its special detainer section, A.R.S. 33-1485, has its own wording about the summons and service.
Recreational vehicle spaces rented by the same tenant for more than 180 consecutive days fall under a separate chapter beginning at A.R.S. 33-2101, which does not apply to mobile homes or manufactured homes.

Shorter RV stays may not be a landlord-tenant relationship at all. Park managers usually know which category they are in, but if you are an individual owner renting out a park model or a lot, check before you file.

Picking a process server for an eviction

Evictions reward servers who answer the phone and go out the same day. When you call, ask:

Can you attempt today, and post and mail the same day if no one is home?
Do you photograph the posting?
Will the proof of service be ready before the trial date, and who files it?
What is your flat fee for a justice court eviction in Mesa?

Every process server listed on Served & Found is on the Arizona Supreme Court's certified list. You can see process servers who cover Mesa, including Lighthouse Attorney Service. If you are new to this, our plain explanation of what service of process is will help, and our piece on which Mesa court your case is in covers the courthouse complex in more detail. The Mesa page has the rest.

One last practical point. Count the days on a calendar the moment you file, write the trial date on the envelope you hand the server, and tell them. Nobody can serve a summons that is already too late.

See the board: everyone in Mesa · process servers only.