Mar 23, 2017

Eviction Trials in Arizona

What is the Difference between an Eviction Hearing and Eviction Trial?
Every eviction case in Arizona requires an Eviction hearing but occasionally the matter will be set for trial. At an Eviction hearing the landlord or landlord's attorney appears and shows a judge the necessary paperwork to receive a judgment. For good cause shown the judge may set the matter for trial.

Why Would a Judge Set it for a Trial?
Under certain circumstances the Arizona Residential Landlord and Tenant Act requires that an eviction case be set for a trial. The case will be set for trial if; the tenant appears and makes a legal defense to the attorney's claims. Depending on how strict a judge interprets this statute, the hearing may be stopped the moment a tenant presents a legal defense and set for trial. Other judges will allow the landlord's attorney and the tenant an opportunity to present their best arguments for a moment before dismissing the case or setting it for trial. However, most judges will not listen to any testimony or view evidence at the initial hearing and just set it for trial.

What Can I Expect at an Eviction Trial in Arizona?
Eviction trials can last from 30 minutes or so to several hours. During eviction trials both parties are given the opportunity to make brief introductory statements. Landlords and tenants may introduce evidence and question witnesses. Typical evidence is; pictures, text messages, lease agreements, and emails. Eviction trials can last for several hours.
