12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
Notes of Decisions
Cited in
38
cases (
13 in the last 5 years), 1972–2026 · leading case:
Bank of Ny v. Dodev, 433 P.3d 549 (Ariz. Ct. App. 2018).
Bank of Ny v. Dodev, 433 P.3d 549 (Ariz. Ct. App. 2018).
· cites it 17× “After DVM, the question of whether a court can award attorney’s fees in a forcible detainer action has been repeatedly addressed because of revisions to A.R.S. § 12-1178. See, e.g., RREEF Mgmt. Co.”
Camelback Plaza Dev., L.C. v. Hard Rock Café Int'l (Phoenix), Inc., 25 P.3d 8 (Ariz. Ct. App. 2001).
· cites it 28× “” A.R.S. § 12-1178(A) (Supp.2000). Thus, the current version of section 12-1178(A) provides, in significant part, as follows: If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental…”
Staffco, Inc. v. Maricopa Trading Co., 595 P.2d 31 (Ariz. 1979).
· cites it 6× “Although a judgment for back rent is clearly allowed by statute, A.R.S. § 12-1178(A), in the instant case the amount of the judgment was contrary to the evidence as the amount owed was not set off by the amount collected by Maricopa Trading in the sale under the landlord’s lien.”
New Pueblo Constructors, Inc. v. State, 696 P.2d 185 (Ariz. 1985).
· cites it 2× “2d Costs § 72 (1965) (“The term ‘costs’ or ‘expenses’ used in a statute is not understood ordinarily to include attorney’s fees”); Stuart Speiser, Attorney’s Fees, § 12:5 (“The term ‘costs’ does not embrace ‘counsel fees’ and there is, particularly in the United States, a…”
Kondaur Capital Corp. v. Pinal Cnty., 330 P.3d 379 (Ariz. Ct. App. 2014).
· cites it 2× “See A.R.S. §§ 12-1178 (addressing forcible detainer actions), and 33-1377 (addressing special de- *191 tainer actions).”
Rreef Mgmt. Co. v. Camex Prods., Inc., 945 P.2d 386 (Ariz. Ct. App. 1997).
· cites it 4× “section 12-1178, the judgment in an FED action may provide, at the plaintiffs option, “for all rent found to be due and unpaid .”
Fridena v. Maricopa Cnty., 504 P.2d 58 (Ariz. Ct. App. 1972).
· cites it 4× “A.R.S. § 12-1178, subsec. C reads as follows: “No writ of restitution shall issue until the expiration of five days after the rendition of judgment.”
DVM Co. v. Stag Tobacconist, Ltd., 671 P.2d 907 (Ariz. 1983).
· cites it 2× “Furthermore, A.R.S. § 12-1178 limits the scope of recovery in forcible entry and detainer actions to “restitution of the premises and for costs and, at plaintiff’s option, for all rent found to be due and unpaid at the date of judgment.”
Gangadean v. Erickson, 495 P.2d 1338 (Ariz. Ct. App. 1972).
· cites it 4× “A.R.S. § 12-1178 provides for return of 'the premises if plaintiff is the prevailing party.”
Magna Inv. & Dev. Corp. v. Brooks Fashion Stores, Inc., 669 P.2d 1024 (Ariz. Ct. App. 1983).
· cites it 4× “2d 1338 (1972) where the court, in dicta, expressed reservations about the propriety of awarding attorney’s fees because A.R.S. § 12-1178 sets forth what damages are collectible in a forcible entry and detainer action and does not say anything about attorney’s fees.”
DVM CO. v. Stag Tobacconist, Ltd., 671 P.2d 907 (Ariz. 1983).
· cites it 2× “Furthermore, A.R.S. § 12-1178 limits the scope of recovery in forcible entry and detainer actions to "restitution of the premises and for costs and, at plaintiff's option, for all rent found to be due and unpaid at the date of judgment.”
— Ariz. Rev. Stat. § 12-1178(A) — 20 cases
Bank of Ny v. Dodev, 433 P.3d 549 (Ariz. Ct. App. 2018).
“After DVM, the question of whether a court can award attorney’s fees in a forcible detainer action has been repeatedly addressed because of revisions to A.R.S. § 12-1178. See, e.g., RREEF Mgmt. Co.”
Camelback Plaza Dev., L.C. v. Hard Rock Café Int'l (Phoenix), Inc., 25 P.3d 8 (Ariz. Ct. App. 2001).
“” A.R.S. § 12-1178(A) (Supp.2000). Thus, the current version of section 12-1178(A) provides, in significant part, as follows: If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental…”
Staffco, Inc. v. Maricopa Trading Co., 595 P.2d 31 (Ariz. 1979).
“Although a judgment for back rent is clearly allowed by statute, A.R.S. § 12-1178(A), in the instant case the amount of the judgment was contrary to the evidence as the amount owed was not set off by the amount collected by Maricopa Trading in the sale under the landlord’s lien.”
Rreef Mgmt. Co. v. Camex Prods., Inc., 945 P.2d 386 (Ariz. Ct. App. 1997).
“section 12-1178, the judgment in an FED action may provide, at the plaintiffs option, “for all rent found to be due and unpaid .”
— Ariz. Rev. Stat. § 12-1178(A)(1939) — 1 case
Camelback Plaza Dev., L.C. v. Hard Rock Café Int'l (Phoenix), Inc., 25 P.3d 8 (Ariz. Ct. App. 2001).
“” A.R.S. § 12-1178(A) (Supp.2000). Thus, the current version of section 12-1178(A) provides, in significant part, as follows: If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental…”
— Ariz. Rev. Stat. § 12-1178(B) — 2 cases
Staffco, Inc. v. Maricopa Trading Co., 595 P.2d 31 (Ariz. 1979).
“Although a judgment for back rent is clearly allowed by statute, A.R.S. § 12-1178(A), in the instant case the amount of the judgment was contrary to the evidence as the amount owed was not set off by the amount collected by Maricopa Trading in the sale under the landlord’s lien.”
Camelback Plaza Dev., L.C. v. Hard Rock Café Int'l (Phoenix), Inc., 25 P.3d 8 (Ariz. Ct. App. 2001).
“” A.R.S. § 12-1178(A) (Supp.2000). Thus, the current version of section 12-1178(A) provides, in significant part, as follows: If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental…”
— Ariz. Rev. Stat. § 12-1178(D) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.