An Arizona eviction notice is a useful tool for landlords seeking to initiate the tenant eviction process. It outlines the lease violation and gives the tenant a specific number of days to fix it or move out. This notice helps landlords enforce lease terms while giving tenants a chance to resolve the issue. Landlords can take further legal action if the tenants don’t comply.
By Type
5-Day Notice to Pay Rent or Quit
Gives tenants five days to pay rent before eviction can proceed in court.
10-Day Notice to Quit for Non-Compliance
Tenants have 10 days to fix the problem if they’ve broken the terms of your lease.
30-Day Notice Lease Termination
Lets a tenant know that you’re ending a month-to-month lease and they must vacate your property in 30 days.
Eviction Laws & Requirements
- Eviction Lawsuit: Title 4. Actions and Remedies, Chapter 24. Forcible Entry and Detainer.
- Grace Period for Paying Rent: 5 days (ARS § 33-361(A)(2)).
- Late or Non-Rent Payment Notice: 5 days (A.R.S. § 33-1368(A)(2)).
- Notice of Non-Compliance: 10 days (A.R.S. § 33-1368(A)(2)).
- Notice of Irreparable Breach: Immediate (A.R.S. § 33-1368(A)(2)).
- Lease Termination (Month-to-Month): 30 days (A.R.S § 33-1375(B)).
How to Evict a Tenant in Arizona
In Arizona, eviction lawsuits are governed by Title 33, Chapter 10, Article 4 of the Residential Landlord and Tenant Act.
Step 1: Deliver the Eviction Notice
Depending on the circumstances, the landlord must deliver the appropriate eviction notice to the tenant.
Step 2: Wait for the Tenant to Act
If the tenant complies with the lease (if given the option) or moves out within the required timeframe, then the landlord doesn’t need to take further action. However, if the tenant fights the eviction notice, they must reply to the court through a Defendant’s Answer form to argue in their defense. The tenant must file the answer with the court.
Step 3: File the Initial Court Documents
If the tenant fails to cure the breach or move out, the landlord must file a Complaint and Summons with the Arizona Justice Court to begin the official eviction process. After filing these documents, the landlord must legally serve the tenant in the manner provided by the Arizona Rules of Civil Procedure.
Step 4: Attend the Court Hearing
The landlord and tenant must attend the scheduled court hearing. If the tenant doesn’t appear, the landlord can ask the court to sign a judgment to evict the tenant.
Step 5: File a Writ of Restitution
Once the landlord receives a judgment, they’ll file a Writ of Restitution with the court.
Step 6: Evict the Tenant
If the court grants the Writ of Restitution, the landlord provides it to the sheriff, who can physically remove the tenant from the premises.
Related Arizona Court Forms
The following forms are specific to Arizona landlords and tenants:
- Complaint and Summons (Form Instructions): The official forms filed by the landlord requesting a court order to evict a tenant.
- Residential Eviction Information Sheet: This is a document required to open a case. It provides the court with basic information about the parties and the case submitted by the landlord.
- Defendant’s Answer: The tenant makes a response to the eviction action and raises defenses to the claims made by the landlord in the Complaint.
- Writ of Restitution: The official form submitted to the court by the landlord, requesting a court to use law enforcement to physically remove a tenant from the property from which the tenant has been evicted.
