If you’re a landlord seeking to evict a tenant, use an Arizona (AZ) eviction notice to begin the process. Your eviction notice must be written according to Arizona state law, and give your tenant the legally required amount of time to respond or move out.
In Arizona, eviction lawsuits are governed by Title 33, Chapter 10, Article 4 of the Arizona Residential Landlord and Tenant Act.
Arizona Eviction Notices by Type
Download a free eviction notice customized for Arizona state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Arizona, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
10-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Arizona, landlords must give tenants 10 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
5-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Arizona, landlords must give tenants five days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Arizona Eviction Laws & Requirements
- Eviction Lawsuit: Title 4. Actions and Remedies, Chapter 24. Forcible Entry and Detainer
- Grace Period for Late Fees on Rent Payment: 5 days (ARS § 33-361(A))
- Late or Non-Rent Payment Notice: 5 days (A.R.S. § 33-1368(A)(2))
- Notice of Material 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))
What is the Eviction Process in Arizona?
Before beginning the eviction process, make sure you’ve read and understand the Arizona Rules of Procedure for Eviction Actions (RPEA). Also, consult an Arizona lawyer to ensure that you comply with the laws governing eviction actions in Arizona.
The landlord must provide their tenant(s) with the proper legal notice to officially begin an eviction.
Here are the six steps of the official eviction process in Arizona:
Step 1: Deliver the eviction notice
The landlord must deliver the appropriate eviction notice to the tenant, depending on the circumstances.
Step 2: Wait for the tenant to act
If the tenant becomes compliant with the lease (if given the option) or moves out within the required timeframe, then the landlord doesn’t need to take any 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 then 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 then 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 then physically remove the tenant from the premises.
Related Arizona Court Forms
- Complaint and Summons (Form Instructions): The official forms filed by the landlord, requesting a court order to evict a tenant.
- Residential Eviction Information Sheet: A document that is required to open a case that provides the court with the basic information about the parties and the case submitted by the landlord.
- Defendant’s Answer: The official form 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 property from which the tenant has been evicted.
Eviction Information for Landlords and Tenants in Arizona
Eviction Resources for Landlords
If the eviction notice is not legally served, a tenant cannot be removed from the rental property. A valid eviction notice must:
- Explain the curable and incurable reasons for evicting a tenant
- Include the date the eviction notice was created
- Provide the tenant with the number of days they have to become compliant with the lease agreement or move out
- Be served through the proper legal process
Learn more about the Arizona eviction process, including how to access videos, forms, and instructions on the official Arizona Courts website.
Eviction Resources for Tenants
Arizona tenants have a number of rights related to the eviction process, including:
- The right to receive the proper legal notice before being asked to vacate a property
- The number of days you are given to cure a breach of the lease agreement
- The right to due process when an eviction notice has been delivered by the landlord.
To understand your rights as a tenant in the state of Arizona, visit AZLawHelp.org. You can also download a copy of the Tenant’s Rights and Responsibilities Handbook prepared by the Arizona Attorney General’s office to learn more about your legal rights and possible defenses.