What is the eviction process in Arizona?

Arizona residential eviction is governed by the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10) and the special detainer statute (A.R.S. § 12-1171 et seq.).

1. Notice

Nonpayment of rent: 5-day notice to pay or vacate (A.R.S. § 33-1368(B)). Tenant cures by paying rent plus reasonable late fees within 5 days.

Material noncompliance: 10-day notice to cure (A.R.S. § 33-1368(A)). If breach is non-curable or repeated, lease terminates.

Material and irreparable breach (criminal activity, weapons, drugs, threats of violence): Immediate termination notice (A.R.S. § 33-1368(A)).

Health & safety: 5-day notice (A.R.S. § 33-1368(A)).

2. Filing the Special Detainer

Landlord files a Special Detainer Complaint in Justice Court (claims under $10,000 rent) or Superior Court. Filing fee is $35-$235.

3. Summons and Hearing

Tenant must be served at least 2 days before the hearing. Hearing must be held 3-6 days after the summons is issued (A.R.S. § 12-1175).

4. Trial

Informal hearing before a justice of the peace or superior court judge. Either party may demand a jury.

5. Judgment and Writ of Restitution

If landlord wins, judgment for possession is entered and a writ of restitution issues 5 days after judgment (A.R.S. § 12-1178). The 5-day stay does not apply to material and irreparable breach (immediate writ).

6. Constable Lockout

Constable executes the writ within 12-24 hours after the 5-day waiting period.

7. Right to Pay and Cure

For nonpayment, tenant may pay full rent, late fees, attorney's fees, and court costs at any time before the writ executes to redeem (A.R.S. § 33-1368(B)).

8. Tenant Defenses

Landlord's failure to maintain (A.R.S. § 33-1324), self-help eviction (A.R.S. § 33-1367 — penalty of two months' rent or twice damages), retaliation (A.R.S. § 33-1381), improper notice, and fair housing.

This is legal information, not legal advice.