What legal remedies do landlords have when tenants default on their leases?
In Arizona, landlords have legal remedies when tenants default on their leases. The most common remedy is for the landlord to file a lawsuit and seek a court order that requires the tenant to pay back rent and compensate for any damages. If the court order is ignored, the landlord can take further legal action, such as a Writ of Restitution, which orders the tenant to vacate the property. The landlord may also seek specific performance, which means the tenant must pay the amount due under the lease. If the court grants specific performance, it will usually award the landlord damages plus court costs. The landlord can also file a lien against the tenant’s property if the rent is unpaid. The lien gives the landlord a security interest in the tenant’s property, meaning the landlord can take possession of it if the tenant defaults. The landlord may also have other remedies available, such as the right to logic of distress which allows the landlord to seize the tenant’s property to pay back rent. In certain cases, the landlord can terminate the lease if the tenant fails to meet specific conditions. Lastly, the landlord may seek forbearance from the court, where the court agrees to give the tenant additional time to pay back rent.
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