How to Stop a Sheriff Lockout During an Eviction Appeal in Arizona

Facing a sheriff lockout in Arizona can feel urgent and overwhelming, especially if you are appealing your eviction. Understanding your rights and the precise steps required to legally delay a lockout can help you protect your home while your case is considered. This guide explains Arizona’s process for requesting a stay of eviction—including the forms, timelines, and essential tips renters should know.

What Is a Sheriff Lockout and When Does It Happen?

After a landlord wins an eviction case in Arizona, the court issues a judgment, and the landlord can ask the court for a Writ of Restitution (an order allowing the sheriff or constable to lock out the renter). Unless you take further steps, the sheriff can remove you as soon as five calendar days after the judgment.

• A sheriff or constable may post a 24-hour notice before completing the lockout.
• Once the lockout occurs, you lose access to your rental unit.

Appealing an Eviction Judgment in Arizona

You have the right to appeal an eviction judgment in Arizona, but simply filing an appeal does not automatically stop the sheriff’s lockout. To delay (or "stay") the lockout during your appeal, you must file a formal request with the court. This requires using specific forms and following strict deadlines.

Relevant Agency and Legislation

• The Arizona Judicial Branch handles residential tenant evictions through the Justice Courts.
• Key law: Arizona Residential Landlord and Tenant Act (Arizona Revised Statutes Title 33, Chapters 10 and 11).

Staying the lockout lets you remain in your home during the appeal review—but this is not automatic. You must act quickly and correctly.

How to Request a Stay of Eviction (Writ of Restitution) During Appeal

To stop the lockout while waiting for the appeal, follow these steps:

• File an "Application to Stay Judgment" (Form J-CLERK-EV-5001). Use this form to ask the Justice Court to delay issuing or enforcing the lockout order.
• You usually must file this at the same time as (or immediately after) your Notice of Appeal.
• You may have to post a "supersedeas bond" (an amount of money set by the court) to protect the landlord’s interest during the appeal.

Official Forms: When and How to Use

• Application to Stay Judgment (Form J-CLERK-EV-5001):
  When to use: After the court has ruled against you in eviction court and you wish to appeal the decision, submit this form to request a stay of the lockout.
  How to use: Complete the form and file it with the same Justice Court where your eviction case was heard. Download the Application to Stay Judgment form from the Arizona Courts (see "Justice Court Eviction Appeal Packet").
• Notice of Appeal (Form J-CLERK-EV-5007):
  When to use: If you want to appeal the court’s eviction judgment, you must file this form within five days of the judgment (excluding weekends and holidays for certain types of evictions).
  How to use: Submit to the same court that handled your eviction. Access the official Notice of Appeal in the Arizona Eviction Appeal Packet.

Practical Example

If a Justice Court judge rules in favor of your landlord and you decide to appeal, you must:

• Within five days, file a Notice of Appeal.
• At the same time, complete the Application to Stay Judgment.
• The court may hold a short hearing and may require a bond. If granted, the stay prevents the sheriff from evicting you during the appeal—so long as you comply with bond payments and any other court orders.

Important Considerations When Requesting a Stay

• The judge is not required to grant the stay. Reasons for refusal can include failure to file on time, lack of appealable issues, or not posting a required bond.
• Even after filing, if the court denies your stay, the lockout will proceed.
• Check with the local court clerk about any court-specific processes or additional fees.

Always keep copies of all forms you file and any receipts or orders given by the court.

Summary of Steps

Act fast to protect your right to remain in your home while your appeal is being considered. The key is filing all paperwork within deadline and complying with any bond or court conditions.

FAQs: Sheriff Lockouts, Appeals, and Stays in Arizona

1. Does filing an appeal automatically stop the sheriff from locking me out?
   No. In Arizona, you must file a separate Application to Stay Judgment to ask the court to delay or stop the lockout while your appeal is reviewed.
2. How much time do I have to file for a stay of eviction?
   You generally have to file for a stay within five calendar days of the eviction judgment—ideally, at the same time as your appeal.
3. Will I have to pay a bond to get a stay?
   The court may require you to post a bond (a type of payment) to cover the landlord’s losses if you lose your appeal. The judge decides the amount.
4. Where do I get the official appeal and stay forms?
   You can download them from the Arizona Judicial Branch’s Justice Court forms page. Look for the "Eviction Appeal Packet."
5. Who handles appeals and stays in Arizona eviction cases?
   Eviction cases and appeals are handled by Arizona's local Justice Courts. Find your local Justice Court through the Arizona Court Locator.

Conclusion: Key Takeaways

• Filing an appeal in Arizona does not automatically stop a sheriff’s eviction lockout—you must submit a formal Application to Stay Judgment.
• Act quickly—generally within five days of the eviction ruling—and be prepared to pay a bond if ordered by the court.
• Always use official forms from the Arizona courts and keep in communication with your local Justice Court clerk.

Need Help? Resources for Renters

• AZCourtHelp – Official site with step-by-step guides and forms for renters facing eviction
• Arizona Department of Housing – Statewide housing programs and tenant resources
• Find Your Local Justice Court – For court addresses and phone numbers
• AZLawHelp.org – Arizona’s free legal help resource for renters (government-affiliated)

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1. Arizona Judicial Branch – Justice Court Eviction Forms and Packets
2. Arizona Residential Landlord and Tenant Act (Arizona Revised Statutes Title 33)
3. Arizona Judicial Branch (General)
4. Arizona Judicial Branch – Court Locator
5. Arizona Department of Housing

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