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Online Documents
 The following is a description
of the forms we provide online as a convenience to our clients. To gain access to
the forms you must have a user name and password. If you do not have a user name
or password, please click here to send us an email, or
call our office at (602) 957-7877.
You must login to view these documents. To login, go to Client Login or
click here.
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.
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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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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