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Burris & MacOmber, PLLC > Articles > Property Law > Forcible Detainer Contrasted With Special Detainer

- Forcible Detainer Contrasted With Special Detainer -

In Arizona Real Estate Investment v. Schrader, a decision of Division One of the Arizona Court of Appeals in 2010, the Court of Appeals vacated an eviction order against Mr. Schrader, the former owner of a home who had lost title in a Trustee’s Sale. Shortly after the Trustee’s Sale, the new owner, Arizona Real Estate Investment filed an action in Superior Court for forcible entry or detainer pursuant to A.R.S. § 12–1171, but the action was served as though it was an action for special detainer pursuant to A.R.S. § 33–1377. The forcible detainer action is a far older action, which can be used in a variety of landlord-tenant relationships. The special detainer action is limited to residential leases and is part of the Arizona Residential Landlord and Tenant Act, which is the action most often used for residential evictions. To help confuse matters, Arizona now has a set of Rules of Procedure for Eviction Actions which conflates the two actions for some purposes. The process server did a nail and mail to serve Mr. Schrader and the Court of Appeals ruled that was not a proper method of service for service of a forcible detainer action, at least not without proof that the possessor could not be served by the regular methods of service of civil actions. It would have been appropriate service of a special detainer action, but that was not what had been filed. The Court of Appeals vacated the Order of eviction and awarded Mr. Schrader his costs.

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