Online Documents
The following is a description of the forms
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Forcible/Special Detainer
Worksheets:
Procedures for Initiating Forcible/Special Detainer Actions
This form contains instructions on how to initiate a forcible detainer.
Forcible Special Detainer Worksheet
(Non-Payment of Rent)
This form is useful to our office to begin a Forcible/Special Detainer Action (Eviction) against a Resident(s) that has not paid their rent, and when you have served the 5 Day Notice of Non-Payment of Rent either by personal service or certified mail (keeping in mind that the notice has expired at the time you send it to the Law Offices of Scott M. Clark). It is very important that you provide accurate and detailed information on this Worksheet so we can properly prepare a Complaint to be filed in the Court and obtain a Court Date.
Forcible
Special Detainer Worksheet
(Non-Compliance)
Please complete this form when you have served your own Ten-Day Notice, Second-Ten Day
Notice, Five-Day Health and Safety Notice, Material and Irreparable Breach/Immediate Notice, or Other
Notice (30-Day Notice, Demand to Vacate, etc.) and it has expired and the resident has not vacated the
unit/dwelling. It is very important that you provide accurate and detailed information on this Worksheet so we can
properly prepare a Complaint to be filed in the Court and obtain a Court Date.
5-Day Worksheet
This form is useful when you want our office to prepare the 5 day notices for non-payment on rent
on your Resident(s). Just provide the requested information and we will handle the rest.
5-Day Notices
Notice Of Intent To
Terminate Lease Agreement:
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Notice of Intent to Terminate Lease Agreement for Non-Payment of Rent
Notice of Intent to Terminate Lease Agreement for Non-Payment of Rent (In Spanish)
(Five (5) Day Notice)
This notice is to be served if your Resident(s) has not paid their rent on the date
that rent is considered late as specified on your lease agreement.
(Count five (5) days from the date the notice has been served personally, or five (5) days from the date
the Resident has signed for the certified mailing as indicated on the green card, or ten (10) days from date of
mailing if it has been sent via certified mail, in order to proceed with filing a Complaint in the Justice Court)
Notice of Intent to Terminate Lease Agreement for Rejection and Return of Partial Payment
(Five (5) Day Notice)
This notice is to be served if your Resident(s) makes a partial payment instead of the full or total amount owed
and you do not wish to accept their partial payment. It is suggested that this notice be sent along with the rejected partial payment
by certified mail in order to avoid any claims that you "accepted" the tendered partial payment.
Notice of Intent to Terminate Lease Agreement for Non-Payment of Rent Due to Non-Sufficient Funds Check
(Five (5) Day Notice)
This notice is to be served if your Resident(s) has supposedly paid rent
but the check has been returned by the bank for non-sufficient funds. You
should forward a copy of the returned check to the Resident(s) and
follow the procedure set forth above for the Five (5) Day Notice.
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Notice of Intent to Terminate Lease Agreement for Breach Related to Health and Safety
Notice of Intent to Terminate Lease Agreement for Breach Related to Health and Safety (In Spanish)
(Five (5) Day Notice)
This notice is to be served if your Resident(s) engages in conduct which constitutes a health and safety risk to other
residents. Examples include: (1) the Resident(s) fails to have electricity or (2)fails to maintain the property in a clean
and safe manner as required.
If your Resident(s) has not complied with this notice, you can proceed by filing
a Forcible/Special Detainer (Eviction).
Promise to Pay/Termination for Nonpayment
This notice is an agreement between Management and the Resident(s) that payments will be made on certain days and in certain amounts
signed by both Management and the Resident(s). If the Resident(s) does not comply with this agreement on any of the agreed
dates that payments are to be made, then you can proceed by filing a Forcible/Special Detainer (Eviction).
Immediate Notice Of Termination:
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Notice of Material and Irreparable Breach of Lease Agreement
Notice of Material and Irreparable Breach of Lease Agreement (In Spanish)
(Immediate Notice Of Termination)
This notice is to be served if the Resident(s) or occupants or guests of the Resident(s)
have engaged in conduct warranting an immediate eviction as outlined in, A.R.S. 33-1368 (A). Generally, the conduct must involve
actions which have alleged criminal conduct (i.e. violation of the Crime Free Lease Addendum) or serious property damage.
Ten (10) Day Notices
Notice Of Intent To
Terminate Lease Application/Agreement:
Notice of Intent to Terminate Lease Agreement for Material Breach
Notice of Intent to Terminate Lease Agreement for Material Breach (In Spanish)
(Ten (10) Day Notice)
This notice is to be served if, for any reason, your Resident(s) is engaging
in conduct in violation of the terms of the lease agreement and/or the applicable statute, A.R.S. 33-1341. For
example: excessive noise, disturbing the peace and quiet enjoyment of the property by other residents, and unauthorized occupants.
If your Resident(s) has not complied after being served with this notice, you can proceed
by filing a Forcible/Special Detainer (Eviction).
Notice of Intent to Terminate Lease Agreement for Second Material Breach
Notice of Intent to Terminate Lease Agreement for Second Material Breach (In Spanish)
(Ten (10) Day Notice)
This notice is to be served if you have previously served a TEN (10) DAY NOTICE to your
Resident(s) and after the expiration of the ten (10) day notice, the Resident(s) again engage in conduct of the
same or similar nature as to the conduct described in the first TEN (10) DAY NOTICE. If the Resident(s) fails
to vacate Ten (10) days after service of this notice, you can proceed by filing a Forcible/Special Detainer (Eviction).
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Notice of Intent to Terminate Lease Agreement for Material Falsification (Curable)
Notice of Intent to Terminate Lease Agreement for Material Falsification (Curable) (In Spanish)
(Ten (10) Day Notice)
This notice is to be served if your Resident(s) has provided untrue or misleading
information about number of occupants, pets, income, social security number, or current employment. If your Resident(s) does
not comply by proving truthful information and complying, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Intent to Terminate Lease Agreement for Material Falsification (Non-Curable)
Notice of Intent to Terminate Lease Agreement for Material Falsification (Non-Curable) (In Spanish)
(Ten (10) Day Notice)
This notice is to be served if your Resident(s) has provided untrue or misleading
information about their criminal record, prior eviction record and/or current criminal activities. If your
Resident(s) does not vacate within ten (10) days, you can proceed by filing a Forcible/Special Detainer
(Eviction).
Fourteen (14) Day Notices:
Notice of Intent to Terminate Lease Agreement for Material Breach
(Fourteen (14) Day Notice)
This notice is a material breach notice for mobile homes.
Thirty (30) Day Notices:
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Notice Not to Renew Lease Agreement
(Thirty (30) Day Notice)
This notice is to be served if you decide not to renew the Rental Agreement between
Management and your Resident(s). Generally, you do not have to provide a reason when not renewing a Rental
Agreement. In the event the Resident(s) fails to vacate, you can proceed by filing a Forcible/Special Detainer (Eviction).
Notice of Termination of Month to Month Tenancy
(Thirty (30) Day Notice)
This notice is to be served if you decide not to continue the month to month agreement with your
Resident(s). You are to serve your Resident(s) on or before the first of the month rental due date allowing them
thirty (30) days to move out from your property. In the event the Resident(s) fails to vacate, you can proceed by
filing a Forcible/Special Detainer (Eviction).
Miscellaneous Notices:
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Notice of
Declaration of Abandonment
This notice is to be served if the Resident(s) has not paid rent and there is no
indication that they are still occupying the property other than the presence of their personal property. With
this notice you are requesting the tenant to contact you within 5 days from the day you have posted this notice and
sent the notice by certified mail. After the notice has expired, if the Resident(s) has not contacted you, you can enter the
dwelling and take possession of the property. If there are items in that unit, than you must hold them for 10 days along with
sending a NOTICE OF LOCATION OF PERSONAL PROPERTY to the last known address. You can later proceed with a
public sale in the event the Resident(s) does not make arrangements to retrieve the property.
Notice of Location of Personal Property After Abandonment
This notice is to be sent after you have received possession back from a unit, and after you have served a
NOTICE OF DECLARATION OF ABANDONMENT, and there are still items that have been left behind that are considered
of value. You must give a brief description of the items that have been left in the dwelling and allow ten (10) days for the former
Resident(s) to come and take possession of those items (after paying reasonable storage fees).
Notice of Location of Personal Property After Judgment and Writ of Restitution
This notice is to be served after Management has obtained a judgment and the Constable
has gone out to the property and returned possession to Management. Management is to prepare an inventory of the items
that have been left in the dwelling along with this notice to the former Resident(s) letting them know what has been left behind,
the amount of time they have to claim their belongings (twenty-one (21) days after the writ of restitution has been served)
and the expense that Management has incurred. If the items are not claimed within the twenty-one (21) day period by
the former Resident(s), Management shall proceed with a PUBLIC SALE.
Affidavit of Collection of Personal Property
Notice of Public Sale
This notice is to be served by certified mail to the last known address, of
the former Resident(s) (or any other address known to Management) and then published in the newspaper.
Notice of Intention to Enter Premises
Notice of Intention to Enter Premises (In Spanish)
This notice is to be served if Management intends to enter the premises for any of the
lawful purposes set forth in A.R.S. 33-1343.
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Resident
Acknowledgement of Landlord's Right to Accept Payment and Resident's Non-waiver of Rights
This is an agreement between Management and the Resident(s) stating that you will have the right to
proceed against the Resident(s) even though the Resident(s) has paid rent and other charges, if Resident(s)
remains in violation of the terms of the Rental Agreement.
Post Judgment Possession Agreement Non-waiver for Receipt of Payment on Judgment
This form is to be signed by Management and the Resident(s) if
a judgment has been obtained, in which Management and the Resident(s) come into an agreement where
Management allows the Resident(s) to remain in possession if they pay a certain amount, and continue to
pay the amounts as agreed. If at any time the Resident(s) defaults on such agreement, Management is able to
file a Writ of Restitution to obtain possession of the premises without having to begin a new
Forcible/Special Detainer (Eviction) action against the same Resident(s).
Verification of Military Orders
The verification of military orders will allow someone to get out of their lease if they are being stationed elsewhere.
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