Forcible/Special Detainers are actions that are filed by a landlord who is trying to evict a tenant for various reasons. This action must be filed in the Justice Court of the appropriate jurisdiction. There are several rules and procedures that need to be followed when filing a Forcible/Special Detainer. To determine the steps you need to take to file a Forcible/Special Detainer you may wish to consult the Residential Landlord Tenant Act or the Mobile Home Parks Landlord Tenant Act. You may request a Residential Landlord Tenant Act Publication from the Justice Court or you may view the acts at the following web site:

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/

The Plaintiff in a Forcible/Special Detainer shall be the owner of the property. If you can not appear in court, you can hire an attorney to appear on your behalf. Power of Attorney will not be accepted. When you file a Forcible/Special Detainer action, a court date will be set within 7 to 10 business days. A summons will be issued and it is your responsibility to have the complaint and summons served on the defendant. You may hire a Court Constable to complete service. The fees for service may be obtained at the Justice Court.

At the hearing the Judge will determine if the defendant is guilty of a Forcible/Special Detainer. If the Defendant is found guilty, a Judgment will be issued and the Landlord will be given immediate possession of the property with a Writ of Restitution to issue after 5 calendar days or less depending on the circumstances. A Writ of Restitution is filed when the tenants refuse to leave and it becomes necessary for a constable or law enforcement to forcibly remove the tenants.