What is the eviction process in Arizona?
1. Statutory Framework. Arizona eviction is a Special Detainer under the Arizona Residential Landlord and Tenant Act (ARLTA), A.R.S. §§ 33-1301 to 33-1381, and the Forcible Entry and Detainer statute, A.R.S. §§ 12-1171 to 12-1183.
2. Pre-Filing Notice. Nonpayment requires a 5-day pay-or-quit (A.R.S. § 33-1368(B)). Material lease noncompliance affecting health and safety requires a 5-day cure notice (§ 33-1368(A)). Other material breaches require a 10-day cure-or-quit. Irreparable breach (homicide, prostitution, drug activity) allows an unconditional 5-day termination (§ 33-1368(A)). Month-to-month termination requires 30 days (§ 33-1375).
3. Filing the Complaint. File the Complaint and Summons in the justice court precinct where the property is located. Filing fee is approximately $35-$77 plus $16-$40 service.
4. Tenant Answer / Default. Tenant must appear on the trial date set within 3-6 days of service (A.R.S. § 12-1175). No written answer required.
5. Hearing. Trial is held promptly. Defenses include warranty of habitability (A.R.S. § 33-1324), retaliation (§ 33-1381), and Arizona Civil Rights Act / FHA discrimination. Tenant may not raise unrelated counterclaims in the special detainer.
6. Writ of Possession. Writ of restitution issues 5 calendar days after judgment unless the tenant moves for stay (A.R.S. § 12-1178). Constable executes within 12-24 hours of receipt.
7. Self-Help Prohibition. A.R.S. § 33-1367 prohibits self-help lockouts, utility shutoffs, and removal of doors or property. Tenants may recover the greater of two months' rent or twice actual damages, plus attorney's fees.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. Arizona has no just-cause requirement and A.R.S. § 33-1329 preempts municipal rent control and most local landlord-tenant regulation.
This is legal information, not legal advice.
- Irreparable breach (drug/criminal) allegations contested by tenant
- Mobile home park tenancy under MHLTA (A.R.S. § 33-1409 et seq.)
- Subsidized housing eviction (HUD, LIHTC, Section 8)
- A.R.S. §§ 33-1301 to 33-1381
- A.R.S. §§ 12-1171 to 12-1183
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.