Maricopa County Justice Courts, State of Arizona REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT AT LEAST 3 WORKING DAYS IN ADVANCE OF A SCHEDULED HEARING Plaintiff(s) Name/Address/Phone SUMMONS CASE NUMBER: Defendant(s) Name/Address/Phone Residential Eviction Action THE STATE OF ARIZONA TO THE DEFENDANT(S) NAMED ABOVE: 1. YOU ARE SUMMONED TO APPEAR and answer this complaint in the court named above. Trial Date: Time: Courtroom # Be in the courtroom at least 15 minutes before the scheduled trial. 2. You must appear at the date and time shown above if you wish to contest the allegations in the attached complaint. For additional information, please see the attached Residential Eviction Procedures Information Sheet. 3. IF YOU FAIL TO APPEAR, a judgment will likely be entered against you, granting the relief specifically requested in the complaint, including removing you from the property. 4. If you do not agree with the allegations in the complaint, you should file a written answer admitting or denying some or all of the allegations and pay the required answer fee. In cases of hardship, you may apply for a deferral or waiver of the filing fee. 5. A trial may be held on the date stated above or it may be continued for up to three days. 6. The attorney for the Plaintiff (or the Plaintiff, if the plaintiff does not have an attorney) must be given a copy of your answer and any other pleading you file in this case. The address is: Date: Justice of the Peace FD 8150-211 R:12-26-2008 American LegalNet, Inc. www.FormsWorkflow.com (Attorney's Name) (Attorney's Address) (Attorney's Bar Number) Maricopa County Justice Courts, State of Arizona CASE NUMBER: Plaintiff(s) Defendant(s) Name/Address/Phone Name/Address/Phone COMPLAINT - FORCIBLE / SPECIAL DETAINER Residential Mobile Home Commercial YOUR LANDLORD IS SUING TO HAVE YOU EVICTED, PLEASE READ CAREFULLY 1. This court has jurisdiction to hear this case. The property is within this court's judicial precinct and is located at: 2. The Defendant wrongfully withholds possession of this property. and was 3. Any required written notice was served on the Defendant on served in the following manner: A copy of this notice is attached to this complaint. 4. The Plaintiff is authorized to file this action and has done so for the following reason(s): RENT: The Defendant has failed to pay rent as agreed. The rent is unpaid since and had a prior unpaid balance of $ The rental agreement requires rent to be paid each month on the the following amount: $ day of each month in The lease provides for late fees and that the late fees be calculated in the following manner: Notice: If you are a residential tenant and the only allegation from your landlord is that you have not paid your rent, you may contact your landlord or your landlord's attorney and offer to pay all of the rent due, plus any reasonable late fees, court costs and attorney's fees. If you pay these amounts prior to a judgment being entered, then this case will be dismissed and your lease will be reinstated and will continue. FD 8150-212.01 R:01-20-2009 American LegalNet, Inc. www.FormsWorkflow.com NON-COMPLIANCE: The Defendant committed. and has failed to remedy, a condition that is a material non-compliance of the rental agreement. Specifically, after receiving a notice to remedy the problem, the Defendant, on the day of 20 caused or allowed the following condition to occur: IRREPARABLE BREACH: The Defendant has committed a material and irreparable breach. Specifically, on the day of 20, the Defendant did the following: OTHER: 5. The Defendant owes a rental concession in the following amount: $ of the rental concession (if any) is: The nature 6. As of the date that this action is being filed, the Defendant owes the following: Rent (From Current and Prior Months) Totaling: Late Fees: Rental Concessions: Costs: $ Attorney's Fees: Other Damages: Total Amount Requested: $ 7. The Plaintiff requests a money Judgment for the amounts described above and also a Judgment for possession of the property. 8. WRIT OF RESTITUTION: The Plaintiff requests the court issue a Writ of Restitution. returning the property to the Plaintiffs possession: 5 days from the date of the judgment or 12 to 24 hours from the time of the judgment. (Applies to material and irreparable breach only) 9. By signing this complaint, I verify that the assertions are true and correct to the best of my knowledge and belief and that they are based on a reasonably diligent inquiry. Plaintiff FD 8150-212.02 R:01-20-2009 American LegalNet, Inc. www.FormsWorkflow.com RESIDENTIAL EVICTION INFORMATION SHEET. Notice A landlord must provide a tenant with written notice saying why the eviction process has started. The tenant should have received this notice before this lawsuit was filed. Rent cases If this lawsuit has been filed for not paying rent, the tenant can stop it and continue living in the residence by paying all rent now due, late fees, attorney's fees and court costs. After a judgment has been granted, reinstatement of the lease is solely in the landlord's discretion. Inability to pay rent is not a legal defense and the judge cannot give more time to pay, even if the tenant is having financial problems. Before Court Eviction cases move through the court system very quickly. If the tenant disagrees with the landlord's allegations, the tenant is encouraged to file a written answer. The answer form available from the court allows the tenant to admit or deny the allegations and explain his or her position. If the tenant cannot afford to pay the answer fee, he or she may apply for a waiver of that fee. If a tenant believes that the landlord owes him or her money, the tenant may under some circumstances file a counterclaim. The summons states that a trial will occur on the date listed, but due to the high volume of cases, a trial may not occur then. If the tenant fails to appear, and the landlord or his attorney is present, a judgment will probably be entered against the tenant. Tenants can represent themselves or arrange for lawyers to represent them. The court will not provide a lawyer. At Court At the time listed on the summons, the judge will start calling cases. If both parties are present, the judge will ask the tenant whether the complaint is true. If the tenant says no , he or she will need to briefly tell the judge why. If the reason appears to be a legal defense, the judge will need to hear testimony from both sides and make a decision after a trial. After talking to the landlord or its attorney, a tenant may wish to agree to what the landlord is requesting by signing a "stipulation". A stipulation is an agreement under which the parties resolve the dispute on the basis of what the agreement says. Only matters contained in the written agreement can be enforced. These agreements should be clear and understandable by both parties. Most stipulations include judgments against tenants. See below. Continuances Either party may ask that the court date be delayed. The court will agree only if there is a very good reason. A delay will be no more than three business days. There is no assurance a delay will be granted and parties should come to court prepared for trial and bring necessary witnesses and documents. After a Judgment If a landlord receives a judgment, it may apply for a writ of restitution to remove the residents. Writs of Restitution are served by constables, who will direct the residents to leave. A tenant may avoid the difficulties associated with a writ of restitution by vacating the property and returning the keys to the landlord. This ends his or her possession of the residence. If the tenant wants to continue to live in the residence after a judgment has been entered, the tenant will need to obtain the landlord's approval and sign a new lease. A tenant will have five (5) days to vacate the premises unless evicted for criminal activity, in which case the tenant has only twelve (12) to twentyfour (24) hours to vacate. A judgment will probably appear on a tenant's credit report for several years. Parties wishing to appeal from a judgment have five days to do so after the judgment is entered and can obtain forms and information from the court filing counter. If a tenant wants to remain in the rental home during the appeal, the tenant must also pay a ''supersedeas bond'' to suspend the judgment while the case is being reviewed. If the tenant prevails the court will dismiss the case. Sources of Additional Information You can get copies of the Arizona Residential Landlord Tenant Act, the Arizona Mobile Home Parks Residential Landlord and Tenant Act and the Long Term Recreational Vehicle Rental Space Act from a library or from the Secretary of State's office or web page: www.azsos.gov. In Maricopa County if you wish to consult an attorney, you may want to contact the Arizona State Bar Attorney Referrals Line at (602) 257-4434 or Community Legal Services at (602) 258-3434. Contact the court in other counties for similar referrals. You can obtain a summary of the obligations of landlords and tenants on the web page for justice courts in Maricopa County: www.superiorcourt.maricopa.qov/justiceCourts/CourtsAndSections/Evictions.asp FD 8150-214 R: 01-20-2009 American LegalNet, Inc. www.FormsWorkflow.com