Arizona Eviction Process: Step-by-Step Guide for Landlords

The Arizona eviction process is governed by the Arizona Residential Landlord and Tenant Act (ARLTA), operating within the Arizona Revised Statutes (A.R.S.), which have been effective since 1901. All evictions—legally classified as "Special Detainer" or "Forcible Detainer" actions—must be initiated through the local Justice Court or Superior Court (A.R.S. § 33-1377). Self-help evictions are strictly prohibited.

Official Law Citation: The procedures outlined on this page are strictly configured under the official Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10)Preview unavailable.

Legal Grounds for Eviction in Arizona

Step-by-Step Eviction Process

Step 1: Serve Written Notice

The eviction process must begin with a legally compliant written notice delivered to the tenant. The notice must explicitly detail in what way the tenant is out of compliance.

5-Day Notice to Pay or Quit (Nonpayment - A.R.S. § 33-1368(B))

• Tenant has 5 calendar days to pay all overdue rent and late fees.
• If paid in full within the 5 days, the landlord cannot proceed with eviction.

10-Day Notice to Cure or Quit (General Lease Violations - A.R.S. § 33-1368(A))

• Covers issues like unauthorized pets or guests.
• Tenant has 10 days to fix the issue.

5-Day Notice to Cure or Quit (Health and Safety Violations - A.R.S. § 33-1368(A))

• Covers issues like accumulating trash or failing to maintain basic hygiene.
• Tenant has 5 days to fix the issue or face eviction.

Immediate Unconditional Quit (Material and Irreparable Breach - A.R.S. § 33-1368(A))

• For severe violations like illegal drug manufacturing, illegal discharge of a weapon, assault, or gang involvement on the property.
• The landlord can issue an immediate notice ordering the tenant to leave, with no opportunity to fix the issue.

Step 2: File the Eviction Complaint

If the tenant fails to cure the issue or move out by the end of the notice period, the landlord can file a "Special Detainer" complaint with the local Justice Court or Superior Court (A.R.S. § 33-1377).

• The landlord must submit a copy of the lease and a copy of the notice previously served to the tenant.
• The court will issue a summons, informing the tenant of the date and time of the hearing.

Step 3: Serve the Summons

The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named which shall be not more than six nor less than three days from the date of the summons (A.R.S. § 33-1377(B)).

The tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due.

Step 4: Attend the Court Hearing

Both the landlord and tenant should attend the hearing.

• If the landlord wins, the judge issues a judgment in their favor.
• If the tenant does not appear, the judge will issue a default judgment in favor of the landlord.
• Per A.R.S. § 33-1368(B), the tenant may have the option to pay all rent, late fees, and court costs before the judgment is entered to have the eviction dismissed.

Step 5: The Writ of Restitution

If the judge rules for the landlord, they will order the tenant to leave. If the eviction was for a material and irreparable breach, the court shall order restitution in favor of the plaintiff not less than twelve nor more than twenty-four hours later (A.R.S. § 33-1377(E)).

If the tenant remains, the landlord must request a Writ of Restitution from the court. Once issued, a Constable or Sheriff will physically remove the tenant and lock them out.

Prohibited Actions (Self-Help Evictions)

Arizona law strictly prohibits landlords from taking matters into their own hands. The following actions are illegal (A.R.S. § 33-1367):

• Changing the locks without a Writ of Restitution executed by a court officer.
• Shutting off essential utilities (water, electricity, gas, air conditioning).
• Removing the doors or removing a tenant's belongings.

If a landlord performs an illegal lockout, the tenant may sue for an amount up to two months’ rent or twice the actual damages sustained (whichever is greater), plus regain possession of the unit (A.R.S. § 33-1367).

Timeline Summary

Best Practices for Landlords

1. Include late fees in notice - In Arizona, landlords can include reasonable late fees in the 5-day pay-or-quit notice, provided those fees are authorized in the lease (A.R.S. § 33-1368(B)).

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