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

The Arizona eviction process is known for being relatively swift. All evictions - referred to legally as "Special Detainer" or "Forcible Detainer" actions - must be handled through the local Justice Court. Self-help evictions are explicitly illegal.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1368)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)

• 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)

• 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)

• 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)

• 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.

• 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 must be served to the tenant by a certified process server or the local Sheriff / Constable. The hearing is typically scheduled between 3 to 6 days after the summons is issued.

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.
• The tenant may have the option to pay all rent, late fees, and court costs before the hearing begins to have the eviction dismissed (when the eviction is purely for non-payment).

Step 5: The Writ of Restitution

If the judge rules for the landlord, they will order the tenant to leave. Typically, the tenant has 5 calendar days to vacate (or 12 to 24 hours if the eviction was for an immediate and irreparable breach).

If the tenant remains after the 5 days, 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, plus regain possession of the unit.

Timeline Summary

Best Practices for Landlords

1. Include late fees in notice - In Arizona, unlike some states, landlords can include reasonable late fees in the 5-day pay-or-quit notice, provided those fees are authorized in the lease.
2. Deliver notices correctly - Notices should be delivered via certified mail or hand-delivered to the tenant (or an adult residing in the unit). If mailed, Arizona law adds 5 additional days for the mail to arrive before the "countdown" begins.
3. Never accept partial payment during an eviction - If you accept a partial rent payment after issuing a 5-day notice, you generally waive your right to evict for that month unless you have a written non-waiver agreement signed by the tenant.

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