Arizona Eviction Process

How to Evict a Tenant in Arizona (8 Steps)

Step 1: Send Eviction Notice

The Arizona eviction notice process differs depending on your specific reason for eviction. Make sure to use the correct time period and follow all state-specific rules and regulations.

Tenant and landlord relationships are regulated by the Ariz. Rev. Stat. Title 33, Chapter 10, known as the Arizona Residential Landlord and Tenant Act. Landlords must follow all rules set forth by this statute to file the eviction notice properly.

Step 2: Give Tenant Time to Pay, Comply, or Vacate

Wait out the required notice period of 5 to 30 days, if applicable. If the tenant does not correct their fault through either payment or action within this time, you can proceed to step three.

Step 3: File for Eviction

File online with the county in which the property is located. Filing fees, varying by county, are due at the time of filing. Generally, these court fees are $35.

You will need the following documents at filing:

• A copy of the notice that is given to the tenant.
• An official complaint.
• A summons that notifies the tenant of their requested court appearance.

Step 4: Set the Hearing Date

The court will set a hearing date to review evidence from both you and the tenant. Both you and the tenant must be notified.

Step 5: Serve the Tenant

You must have a process server give the tenant all documents filed (the complaint and summons) plus a copy of the residential eviction information sheet at least two days before the hearing.

The tenant can respond to your allegations in a written answer to the court prior to or at the hearing. They have options to:

• File an answer.
• File an answer alongside a counterclaim against you.
• Not file an answer, which may lead to the case’s dismissal and an automatic judgment in your favor.
• File a continuance to have three to 10 days more to file their answer with appropriate cause.

Step 6: Attend Hearing

Both you and the tenant must appear at the hearing. If either party does not appear in court, the case may be ruled in the other party’s favor by default.

Step 7: File a Writ of Restitution

If the court rules in your favor and the tenant still does not leave immediately, you can file for a writ of restitution. This will initiate the forcible removal of the tenant from the premises. The writ costs $28 to file plus about $10 service fee, potentially varying by county.

The tenant has five days for normal offenses and 12 to 24 hours for illegal activity or irreparable breaches to vacate before the writ is issued. After that, they may be forcibly removed by law enforcement officials.

Step 8: Repossess Property

The sheriff or constable will remove the tenant once the writ is issued if necessary. The tenant may then be charged with criminal trespassing in the third degree.

Eviction Reasons

In Arizona, an eviction notice is required for violations caused by the tenant:

• Failing to pay rent.
• Failing to uphold their responsibilities as stated in the lease agreement.
• Explicitly breaking any rules covered in the lease agreement.
• Falsifying information on their initial rental application.
• Violating the health and safety of other tenants, the landlord, or the property as a whole.
• Conducting criminal activity or running an illegal business on the property.

Notices can also be used by a landlord if they wish to terminate a tenancy at the end of a lease period. This can be for a number of reasons like the landlord wanting to move into the property themselves or renovate.

The initial stage in all Arizona eviction processes (also known as “special detainer actions”) involves concluding the lease by providing the tenant with a written notice. A landlord’s ability to terminate a lease prematurely relies on whether they have “cause” to do so.

Notice for Termination With Cause

The landlord’s first move in the eviction process is to end the lease based on legal grounds, which may include non-payment, lease violations, or unlawful behavior.

1. Notice to Pay Rent

Overview:

• Used if the tenant misses rent payments.
• Under Ariz. Rev. Stat. § 33-1368(B), the tenant has five days to pay rent or leave.
• Curable. If the tenant pays within five days of receiving the notice, the landlord cannot move forward with the eviction process.
• There is no statewide grace period for rent. It is considered late the day after it is due unless the lease agreement specifically establishes a grace period.

2. 5-Day Notice to Cure or Quit

Overview:

• If the tenant fails to maintain the rental unit, affecting safety or health, the landlord can issue a notice.
• The notice must grant the tenant five days to rectify the issue or vacate the premises.
• If the tenant leaves without fixing the problem, the landlord may use the security deposit to cover the damages.
• Failure to comply with the notice can result in the landlord filing an eviction lawsuit (Ariz. Rev. Stat. § 33-1368(A)).

3. Notice to Cure or Quit

Overview:

• Lease violations vary from agreement to agreement but generally might include:
  • Smoking in non-smoking areas.
  • Keeping pets in pet-free properties.
  • Not telling a landlord about a pet residing at a pet-friendly property.
  • The tenant losing their job.
  • More people living in a rental unit than the landlord knows of.
  • Lying on the rental application.
• The tenant has 10 days to fix the issue or move out upon receipt of a notice from their landlord.
• Should the tenant vacate without addressing the violation, the landlord may use the security deposit to cover any damages caused by the tenant (and sue for damages exceeding the security deposit amount).

4. Unconditional Quit Notice

Overview:

• If the tenant breaches the lease a second time or provides false criminal record information, the landlord is not obligated to offer a chance for rectification.
• The landlord can issue a notice detailing the violation, granting the tenant 10 days to vacate the premises.

5. Unconditional Quit Notice

Overview:

• If the tenant commits any criminal acts on the property or while living at the property, they can be evicted.
• This offense is incurable and allows the landlord to serve their tenant with an immediate notice to leave the premises.
• Criminal acts that may cause eviction in Arizona include, but are not limited to:
  • Vandalizing the property.
  • Creating, distributing, storing, or consuming an illegal drug or controlled substance.
  • Endangering the health, welfare, or safety of the landlord or others living there.
  • Directly threatening or continually harassing the landlord or others living on the property.
  • Theft, violence, or assault.
  • Illegal discharge of a weapon.
  • Unlawful sex work.
  • Homicide.

Notice for Termination Without Cause

When the landlord decides to stop renting for reasons other than the tenant’s behavior, they cannot make the tenant move out before the end of the lease. Whether the landlord is required to provide the tenant with notice regarding the non-renewal of the tenancy varies depending on the type of tenancy in question.

1. Notice to End a Fixed-Term Tenancy

Overview:

• If a lease is set for a fixed term, like six months or a year, the landlord can file for eviction as soon as the lease expires.
• They do not need to notify the renter that their lease is coming up unless the lease itself states otherwise.

2. Notice to End a Month-to-Month Tenancy

Overview:

• Ending a monthly lease requires a 30-day notice prior to the scheduled end date (Ariz. Rev. Stat. § 33-1375 (B)).
• If a tenant refuses to leave the property after the proper notice period, a landlord can only then pursue eviction in court.

3. Notice to End a Week-to-Week Tenancy

Overview:

• This situation requires a 10-day notice before the tenancy ends (Ariz. Rev. Stat. § 33-1375 (A)).
• If the tenant remains on the property after this notice period, they are considered a holdover tenant. In this case, the landlord can move forward to officially file for eviction.

Eviction Timeline

Tenant Rights in Arizona

In Arizona, two types of evictions are considered illegal: “self-help” and “retaliatory.” In these evictions, the landlord wishes ill will and imposes damage on the tenant.

Self-Help Evictions

Landlords commit self-help evictions by refusing to wait for due process to properly evict the tenant. In a self-help eviction, a landlord might:

• Change the locks.
• Shut off water or utilities.
• Enter the premises unlawfully.
• Remove tenant belongings from the premises.
• Damage tenant belongings.
• Threaten or intimidate the tenant.
• Attempt tenant removal themselves instead of leaving it to the proper officials.

Retaliatory evictions occur when a landlord pursues eviction to punish a tenant after they exercise a legal right. Protected tenant actions in the state include:

• Complaining to the landlord about a maintenance issue that requires their attention.
• Contacting a local or government agency about an issue with the property.
• Joining a tenant union or organization.
• Suing or otherwise pursuing legal action against the landlord.

Outside of eviction, retaliatory conduct like increasing rent or decreasing services in response to one of these tenant acts are also illegal (Ariz. Rev. Stat. § 33-1381).

Abandoned Property

If a tenant leaves behind personal property after eviction, the landlord must inventory all items and notify the tenant of the storage location and associated costs. This does not include perishable items or anything that poses a health or safety risk, which may be appropriately disposed of immediately.

The landlord must send the notice of abandonment to the tenant’s last known address via certified mail with a return receipt requested. Also, they have to post the notice in a conspicuous place on the property for at least five days.

The property must be stored for 14 days, at which time the landlord can sell or donate it (Ariz. Rev. Stat. § 33-1370).

Resources

• Instructions for eviction actions from the Arizona Judicial Branch.
• Landlord/tenant disputes and eviction actions as described by the Arizona Judicial Branch.
• Arizona Landlord Tenant Act information and files provided by the Arizona Department of Housing.
• Searchable public access version of the Arizona Revised Statutes.