Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 5 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | 5 Days | Yes |
| Falsifying Information on Rental Application | 10 Days | Yes |
| Illegal Activity or Repeat Lease Violations | Immediate | No |
In Arizona, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first provide the tenant a 5 days‘ notice to quit, which gives the tenant an opportunity to pay the balance due or vacate the premises. [1]
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Arizona the day immediately after its due date. Arizona landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on February 1st, it will be considered late starting February 2nd, unless the lease specifically states there is a grace period.
In Arizona, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant 30-days’ notice to move out. [2]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Arizona, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Arizona landlord tenant law. Landlords must first provide the tenant a 5-days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out. [3]
Examples of lease violations include:
If the tenant does not correct the violation or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If the tenant causes serious destruction to the premises or disturbs other persons in a threatening or violent manner, the landlord can serve an immediate notice to vacate to terminate the tenancy.
In Arizona, a landlord can evict a tenant for falsifying information on their rental application, which includes the incorrect number of occupants or inaccurate employment and income information. To do so, the landlord must first provide the tenant a 10 days’ notice to comply or vacate. [4]
The tenant has a chance to fix the issue within the 10-day notice period by providing the landlord with accurate income information, current place of employment or the total number of occupants.
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Furthermore, a landlord can evict a tenant for falsifying or excluding current criminal activity, criminal history or eviction history on their rental application. To do so, the landlord must first give the tenant a 10 days’ notice to vacate.
The tenant does not have a chance to fix the violation and must move out of the premises within the 10-day period. [5]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Arizona, a landlord can evict a tenant for committing illegal activity on the premises that is both material and irreparable. To do so, the landlord must first serve the tenant an immediate notice to vacate. The tenant is not given the opportunity to fix the issue and must move out immediately. [7]
Illegal activity includes:
If the tenant does not vacate the premises immediately, the landlord can move forward and file an eviction lawsuit.
In Arizona, there are a few different types of evictions that are illegal. If proven in court, the landlord could be liable for damages including attorney’s fees.
A landlord is not allowed to attempt to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right.
These rights include: [9]
In Arizona, all evictions follow the same process:
A landlord can begin the eviction process in Arizona by serving the tenant with written notice. Arizona landlords may deliver an initial written eviction notice by any method which effectively brings the information to the tenant’s attention. The law presumes the following methods are valid: [26]
Mailed notice is considered served when actually received or five days after the date the notice is mailed, whichever is sooner.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
In Arizona, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days to pay the balance due or move out.
For a tenant with no lease or a month-to-month lease in Arizona, the landlord must serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
In Arizona, if a tenant violates health and safety standards, the landlord can serve them a 5-Day Notice To Comply or Vacate. This eviction notice gives the tenant 5 days to fix the issue or move out.
For repeat offenses during the lease term (repetitive conduct), a landlord can instead serve a 10-Day Notice of Noncompliance.
In Arizona, if a tenant falsifies information on their rental application, which includes the incorrect number of occupants or inaccurate income/employment information, the landlord can serve them a 10-Day Notice To Comply or Vacate. This eviction notice gives the tenant 10 calendar days to fix the issue or move out.
If a tenant falsifies or excludes criminal or eviction history on their rental application, it is a more serious offense and the landlord can terminate the tenancy with the 10-Day Notice To Vacate.
In Arizona, if a tenant falsifies or excludes current criminal activity, criminal history or eviction history on their rental application, the landlord can serve them a 10-Day Notice To Vacate. This eviction notice gives the tenant 10 calendar days to move out without the chance to fix the issue.
In Arizona, if a tenant repeats a lease violation of the same or a similar nature (repetitive conduct) during the lease term, the landlord can serve them a 10-Day Notice of Noncompliance. This eviction notice gives the tenant 10 calendar days to move out without the chance to fix the issue.
In Arizona, if a tenant commits an illegal activity, the landlord can serve them an Immediate Notice To Vacate. On the same day the notice is served, the landlord can file a Special Detainer Action with the court to begin eviction proceedings, but this is not required by law.
Once the tenant’s notice expires in Arizona, the landlord may file an eviction lawsuit with the court the following business day. Landlords can file in Justice Court for claims under $10,000 (filing fees cost $35) and the Superior Court for claims over $10,000 (filing fees cost $218).
The landlord will need to submit a complaint form and a summons form.
The complaint should include the following information:
After being notarized by the county clerk, the summons and complaint are forwarded to a process server or county sheriff to serve each named tenant. Certain fees may apply for the service of the summons and complaint.
The landlord will generally need:
Any complaint that is based on nonpayment of rent, shall state that if the tenant pays all unpaid rent, late fees, court costs and attorneys’ fees (that the landlord has incurred), the eviction will be dismissed.
In Arizona, once the documents are filed, the summons will be issued to the process server the following judicial day. [0] The process server shall deliver the required documents to each tenant named in the eviction at least 2 days before the initial appearance.
The court hearing will be scheduled no more than 5 days from the date the complaint is filed. [11] However, if a complaint is filed for a material and irreparable breach, the return date will be set no more than 3 days following the filing of the Complaint. [12]
Each tenant being served will receive a copy of the following documents:
The documents will be served to the tenant by a sheriff, deputy sheriff, constable, constable’s deputy, a registered private process server, or any other person who is appointed by the court. [13] A summons service typically costs $16.
In Arizona, the tenant has the opportunity to answer the landlord’s allegations, as long as the response is submitted on or before the initial appearance. The initial appearance is typically held 2 days after the Summons is served to the tenant.
During the initial appearance, the tenant may respond in any of the following ways: [16]
The tenant in Arizona can file a written (or oral) answer with the court as long as it is submitted on or before the initial appearance.
The tenant can admit or deny the landlord’s allegations. The tenant can ask the court to dismiss the landlord’s Complaint by asserting legal defenses.
Examples of legal defenses include:
In addition to filing an answer, the tenant can file a counterclaim in Arizona. A counterclaim can be submitted into court if the tenant believes that the landlord owes them money due to the landlord’s breach of the lease agreement.
Examples of counterclaims include:
If the Counterclaim exceeds $10,000, the case will be transferred to Superior Court.
If the landlord wants to contest the allegations that were made in the tenant’s Counterclaim, they must file a formal written reply with the court clerk and follow these instructions.
In Arizona, a tenant can decide not to provide an answer to the court. If the tenant does not provide an answer, the court can dismiss the case and enter a default judgment in favor of the landlord.
A continuance (or otherwise known as a “postponement”) may be requested in Arizona if there is good cause shown by an affidavit. For trials in Justice Court, the postponement may be extended for 3 calendar days and for trials in Superior Court, the postponement may be extended for 10 calendar days. [17]
If the tenant fails to file an answer to the eviction complaint, the landlord may move forward with filing a default motion judgment to obtain a judgment in favor of the landlord.
If the tenant does contest the eviction, the tenant may be required to pay the Court Clerk an agreed upon amount of any outstanding rent and any rent until the lawsuit is over. Landlords must appear in court. If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the landlord.
To prepare for the hearing, the landlord and tenant should bring the following:
Regardless of whether the eviction is contested or not, if the judge rules in favor of the landlord, a writ of restitution will be subsequently issued and the process will proceed.
In Arizona, if the court rules in favor of the landlord, the court can promptly issue a writ of restitution, which is the tenant’s final notice to vacate the premises. The writ is issued 5 calendar days after judgment or 12 to 24 hours for “irreparable” breaches. [20]
The writ is served to a tenant by a constable or sheriff. The sheriff or constable must serve the writ “promptly and expeditiously as possible” (unless the court finds there is good reason to delay the eviction; however, it is very rare that the court would delay the eviction).
The filing fee for a writ issuance is $28 and approximately $10 for a service fee. [21]
In Arizona, once the writ expires and the tenant remains at the property, the sheriff or constable can return the premises and execute the writ by forcibly removing the tenant from the premises. Once the tenant is removed, the landlord shall gain lawful possession of the property.
A sheriff or constable may charge $48 plus $40 per hour per deputy or constable for actual time spent (in excess of 3 hours) for executing the writ or returning to the property to remove the tenant. [24]
The tenant can then be charged with criminal trespass in the third degree and the landlord can then stop utility services the day after the writ is executed. [23]
If the tenant’s property is left behind the landlord must hold the property for 14 days and provide a Notice of Abandonment. [25] If the tenant does not make reasonable effort to recover the items, the landlord may donate or sell the belongings. In Arizona, if animals are left behind, the landlord must immediately bring the animal to a shelter.
In Arizona, an eviction can be completed in as little as 1 to 6 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Arizona eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
| Initial Notice Period | 5-30 Calendar Days |
| Lawsuit Filed & Summons Issued | 1 Business Days |
| Tenant is Served | 1-2 Business Days |
| Tenant Response | 1-2 Calendar Days |
| Court Hearing & Judgment Issued | 1-5 Business Days |
| Writ of Restitution is Issued & Served | 12 Hours to 5 Calendar Days |
| Possession is Returned | Immediately |
In Arizona, the total cost of an eviction for all filing, court, and service fees varies heavily. For evictions claims under $10,000 that are filed in Justice Court the average cost is $177. For eviction claims over $10,000 that are filed in Superior Court the average cost is $362.
| Fee | Justice | Superior |
| Initial Court Filing | $35 | $218 |
| Summons Service | ~$16 | ~$16 |
| Writ of Restitution Issuance | $28 | $30 |
| Writ of Restitution Service | $10 or less | $10 or less |
| Writ of Restitution Execution | $48+ | $48+ |
| Notice of Appeal Filing (Optional) | $203 | $203 |
| Document Copies (Optional) | $0.50/ea | $0.50/ea |
B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.
A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.
A…if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice…specifying the acts and omissions…and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
Tenant’s criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section… rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days
If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred.
The tenant shall:
1. Comply with all…building codes materially affecting health and safety.
2. Keep…the premises …clean and safe as the condition of the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner…facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises…
7. …not disturb his neighbors’ peaceful enjoyment of the premises.
8. The tenant shall notify the landlord of…repairs or otherwise requires the landlord to take action as prescribed in § 33-1324.
A…If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide, …prostitution ,…criminal street gang activity,…activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance,…threatening or intimidating,…assault,…acts that have been found to constitute a nuisance…
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.
…a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety.
2. The tenant has complained to the landlord of a violation under section 33-1324.
3. The tenant has organized or become a member of a tenants’ union or similar organization.
4. The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.
B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession.
A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day.
The trial date shall be no more than five judicial days after the aggrieved party files the complaint.
E. If a complaint is filed alleging a material and irreparable breach… the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no later than the third day following the filing of the complaint…
(d) (1) Service of process must be made by a sheriff, a sheriff’s deputy, a constable, a constable’s deputy, a private process server…
(1) delivering a copy of the summons and the pleading being served to that individual personally;
(2) leaving a copy of each at that individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(3) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
(i) Time Limit for Service. If a defendant is not served with process within 90 days after the complaint is filed, the court-on motion, or on its own after notice to the plaintiff- must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period….
17B A.R.S. Rules Proc. Evic. Act., Rule 11
(2) The defendant shall not be required to answer until the initial appearance. At the initial appearance, if the trial is not continued, the defendant may file an oral answer on the record.
C. For good cause shown, supported by affidavit, the trial may be postponed for a time not to exceed three calendar days in a justice court or ten calendar days in the superior court.
A. If the defendant fails to appear in person or through counsel on the initial return date, and no continuance is granted, the court, after determining that the conditions of Rule 13(a)(1)-(4) are satisfied, shall enter a default judgment against the defendant.
A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days …
c. (1)A…No writ of restitution shall be issued until five calendar days after the judgment is signed. B. When an immediate termination has been obtained due to a breach of a residential lease agreement that qualifies as “material and irreparable”…the judgment shall provide for the writ of restitution to issue between 12 and 24 hours after entry of judgment…
10. For posting or serving any notice, process, writ, order, pleading or paper required or allowed by law, not otherwise provided for, $16 except that posting for a writ of restitution shall not exceed $10.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit…without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree…
D. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution…is executed… Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued…
8. For executing and returning each writ of possession or restitution, $48 plus a rate of $40 per hour per deputy or constable for the actual time spent in excess of three hours.
F. The landlord shall hold the tenant’s personal property for a period of fourteen calendar days after the landlord retakes possession of the dwelling unit.
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person “knows” or “has knowledge” of a fact if he has actual knowledge of it. B. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first. C. “Notice,” knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.
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