LAW OFFICE OF D.L. DRAIN, P.A.

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

E-mail: DDrain@DianeDrain.com

  
   


   
 

 

FORCIBLE ENTRY AND DETAINER LAW


Mencius, detail, ink and colour on silk; in the National Palace Museum, Taipei
Mencius, detail, ink and colour on silk; in the National Palace Museum, Taipei
By courtesy of the National Palace Museum, Taipei, Taiwan, Republic of China

"Charity is in the heart of man, and righteousness in the path of men. Pity the man who has lost his path and does not follow it and who has lost his heart and does not know how to recover it. When people's dogs and chicks are lost they go out and look for them and yet the people who have lost their hearts do not go out and look for them. The principle of self-cultivation consists in nothing but trying to look for the lost heart."

Mencius 
Mengzi Meng-tse (c.370-300 BC), Chinese Philosopher

 

Forcible Detainer Articles

Forcible Detainer FAQ

Forcible Detainer Laws

Real Estate Overview

Bankruptcy Overview

Trustee Sale Overview

Disclaimers

  1. FORCIBLE ENTRY AND DETAINER STATUTORY LAW
    a. Arizona Residential Landlord & Tenant Act
            TITLE 12, CHAPTER 8, ARTICLE 4. Forcible Entry and Detainer
    b. Non-Residential Landlord - Tenant Laws

  2. FORCIBLE ENTRY AND DETAINER CASE LAW
    a.  §33-341. Termination of tenancies  For the full text go to the Statute, or copy in this web
    b.      §33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement
     

 

FORCIBLE ENTRY AND DETAINER STATUTORY LAW

There are different procedures depending on the type of occupancy and how title was obtained:

  1. Possession after a judicial foreclosure of a mortgage is dictated by A.R.S. § 33-727(b)

  2. Possession after a trustee's sale or judicial foreclosure of a Deed of Trust - A.R.S. § 12-1173.01(A)(2).

  3. Possession after an agreement for sale forfeiture - A.R.S. § 12-1173.01

  4. Possession after an agreement for sale foreclosure as a mortgage - A.R.S. § 33-727(B).

  5. Possession after a lease default - residential - A.R.S. § 12-1171

  6. Possession after a lease default - commercial - A.R.S. § 33-361

 

FORCIBLE ENTRY AND DETAINER CASE LAW

Camelback Plaza vs Hard Rock Café (1 CA-CV 00-0516) (AZ Ct Appeals) 7/2001 - refuses to expand "charges" in a rental agreement to include attorney fees in a forcible entry and detainer.  Therefore, court refused to allow collection of attorney fees in a commercial FED.

 

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.
 

 

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