Eviction papers in Tolleson: a timeline for small landlords

Landlord at the gate of a Tolleson house with a back casita, holding eviction papers to be served

Many small landlords in and around Tolleson own one or two places: a family home kept after a move, a duplex bought years ago, a casita out back. When a tenant stops paying, those owners are usually doing an eviction for the first time, and the part that catches them out is how fast the court side moves once it starts.

This is general information, not legal advice, and if the tenancy has any complication (a lease dispute, a repair claim, a subsidised tenancy) talk to a landlord tenant lawyer before you file. But for a plain nonpayment case, here is roughly how the days fall.

Before anything is filed

For unpaid rent, the Arizona Residential Landlord and Tenant Act lets a landlord give the tenant written notice of nonpayment. If the rent is not paid within five days after that notice, the landlord may file an eviction, which the statute calls a special detainer action, under A.R.S. 33-1377. Other breaches have different notice periods, ten days for a material breach of the lease, for example.

The notice is not the court summons. It is your letter, and how you deliver it matters later, so keep a copy and a record of how and when it was delivered.

Filing: day zero

Evictions in this part of the valley are filed with a Maricopa County justice court. Several West Valley justice courts, including Agua Fria, Country Meadows, Maryvale and White Tank, share the county court building at 10420 W. Van Buren St. in Avondale. The rental's address decides which precinct is yours, so check the county's lookup before you go. Tolleson Municipal Court on 8350 W. Van Buren is not the place: city courts do not handle evictions.

The summons is issued the day you file. That is where the clock really starts.

The service window: the next few days

Here is the part that makes evictions different from almost any other civil case. Under A.R.S. 33-1377, the hearing named on the summons must be not more than six and not less than three days from the date of the summons, and the summons must be served at least two days before that hearing.

Do the arithmetic and you will see the problem. If you file on a Thursday and the hearing is set for the following Tuesday, the summons has to be in the tenant's hands, or properly posted and mailed, by Sunday. A server who can "get to it Monday" is a server who costs you a new hearing date.

Personal service first

The normal route is personal service: a certified process server or a constable hands the summons and complaint to the tenant, or to another adult who lives there and is of suitable age and discretion.

Posting and mailing

The statute also allows another route, but read it closely. 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 residence, and the same day a copy goes by certified mail, return receipt requested, to the tenant's last known address, the tenant is treated as having received it three days after the mailing. Note the order. Posting and mailing follow a real attempt at personal service. They do not replace it.

That one day deadline for posting is easy to miss if your server works on a weekly route. Ask about it before you hire.

The hearing

The return day is the trial day. Your server's proof of service needs to be filed with the court before or at the hearing. A judge who cannot see valid service cannot rule for you, and the tenant does not have to show up for that to be a problem.

If the tenant does show up and asks for time, the statute lets the court postpone for good cause, but in justice court not by more than three days.

What a Tolleson server needs from you

Give your server, in one message:

The filed summons and complaint, with the hearing date visible
Every adult named on the lease, and anyone else you know lives there
The unit details: which door is the main entrance, whether there is a gate, a dog, a casita or a back unit with its own door
Times the tenants are usually home, if you know them
Your phone number for the day of service, in case the server finds the place empty

Small things matter. A house with a detached back unit can have two "main entrances," and posting on the wrong one is the kind of detail a tenant's lawyer will notice.

After the judgment

If you win, the court can enter judgment for possession, rent and costs, and issue a writ of restitution. A constable or sheriff's deputy carries out the writ. Your process server's job ends with the summons.

The Tolleson process servers page lists servers who work this area, all on the Arizona Supreme Court's certified list. If you are weighing cost against speed, our article on what affects process server cost is worth a look, and which Tolleson court your case is in explains how the justice courts relate to the city court. More local guides are on the Tolleson town page.

When you book a server, say the hearing date first. It is the only number that matters that week.

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