Updated on June 25th, 2023
Arizona eviction notices are documents that are served on a tenant by their landlord with the intent of terminating a tenancy between the parties within a certain period of time (notice period). Before a landlord can file an eviction action with their local court, the tenant must be given a notice to quit detailing the violation they committed and warning them that they may be evicted if they don’t cure the violation. A notice to quit also states the number of days they have to cure the violation. If the tenant does not have the option to cure, the notice will state how many days the tenant has to vacate the premises before an eviction suit is filed.
Examples of violations that the tenant is allowed to cure are paying the landlord back after missing a rent payment, repairing damages caused to the dwelling, or failure to comply with pet restrictions. If the tenant fails to cure the violation, an eviction action can be filed with the courthouse.
Immediate Notice to Quit | Irreparable Breach – Terminates a tenancy immediately upon service from the landlord due to the tenant committing an irreparable breach, which may include illegal activity.
5-Day Notice to Quit | Non-Compliance Affecting Health and Safety – If a tenant has failed to uphold their obligations to keep the rental unit clean and safe, their landlord can demand that they cure the violation within five (5) days or the lease will be terminated.
10-Day Notice to Quit | Second Non-Compliance Affecting Health and Safety – A notice demanding a tenant to hand over possession of the premises within ten (10) days because they have committed a second health and safety violation.
10-Day Notice to Quit | Material Non-Compliance – Informs a tenant that they have ten (10) days to cure a material non-compliance that they have caused or their lease will be terminated.
30-Day Notice to Terminate | Month-to-Month Lease – Terminates a tenancy between a landlord and their tenant. Can be served by either party to the other, giving the receiving party thirty (30) days before the tenancy terminates.
- Grace Period: Not mentioned in state statutes.
- Non-Payment of Rent (§ 33-1368(B)): Five (5) Days
- Lease Non-Compliance (§ 33-1368(A)): Ten (10) Days
- Periodic Tenancy Termination (§ 33-1375(B)) Thirty (30) Days
- Illegal Activity (§ 33-1368(A)): Immediate
- Intentional Damage to the Property (§ 33-1368(A)): Five (5) Days
An eviction action in the state of Arizona must be filed at the court in the jurisdiction in which the rental property is located. Landlords cannot evict a tenant unless they have informed the tenant of their intention to do so. The steps below provide instructions on how to file an eviction action in Arizona. Alternatively, Arizona allows landlords to file an eviction action through the online portal TurboCourt.com. This website will walk landlords through the eviction process for a small fee (in addition to normal filing fees associated with an eviction action).
A tenant must be given fair warning that an eviction suit will be filed against them by their landlord. If they have failed to comply with the terms of their lease agreement or Arizona landlord-tenant law, the landlord may have to give the tenant time to cure the violation they have committed. The following list contains all Arizona notice to quit forms, which will allow a landlord to notify their tenant of a violation they have caused and provide instructions on how to correct the breach:
- Immediate Notice to Quit for Irreparable Breach
- 5-Day Notice to Quit for Non-Payment
- 5-Day Notice to Quit for Non-Compliance Affecting Health and Safety
- 10-Day Notice to Quit for Second Non-Compliance Affecting Health and Safety
- 10-Day Notice to Quit for Material Non-Compliance
- 30-Day Notice to Terminate Month-to-Month Lease
If the tenant does not comply with the demands of the notice to quit, the landlord can file an action for eviction the day after (business day) the notice period expires. Also known as a forcible detainer/special detainer action, eviction cases are handled by the justice court in the jurisdiction where the property is located. To start an action, the landlord must download and complete a Complaint form and a Summons form. Copies should be made of both forms so that the court, the landlord, and each tenant that will be served has a copy of each form. Furthermore, the landlord must attach a copy of the notice to quit with the Complaint and Summons for the court clerk. The clerk will ask for the appropriate fees* for filing the action and will then set a hearing date.
*Maricopa County sets an eviction action fee at $63.00, but fees may vary by county.
In addition to the Complaint and Summons, the landlord must attach a Residential Eviction Information Sheet to be served on the tenant. A copy of the portion of the lease that contains the provision(s) which established the grounds for eviction should also be attached to these documents or, if the action is for non-payment of rent, a copy of the accounting charges and payments for the preceding six (6) months (whichever is applicable). The landlord must hire a court constable, their county sheriff’s department, or a private process server to deliver these files to the tenant (fees will vary by county and choice of server). Service must be completed at least two (2) days before the hearing date.
Once the tenant has received all the documents, they can download, complete, and file an Answer form with the court. A copy of this form must be delivered to the landlord. A fee will be charged for filing an answer*; however, if they believe the landlord’s case is baseless, they may demand filing fees and other court costs from them. It is not legally mandatory for the defendant to file an answer, but it is paramount that they attend the hearing if they want to have a chance to obtain a ruling in their favor.
*Answer filing fee is $46 in Maricopa county, but fees may vary by county.
On the day of the hearing, the landlord and tenant must appear (an attorney is recommended to represent them) before a judge (justice of the peace). The judge will ask the tenant if they believe the complaint filed by the landlord is true or not. If the tenant does not oppose the landlord’s claim, the case may be settled then and there and a judgment will be ordered (Step 7). If the tenant does not believe the landlord has proper grounds for eviction, they must tell the judge why. The judge will determine whether the tenant’s defense is legitimate and, if it is, a trial will be set. The trial may take place that same day depending on the court’s caseload.
Note: If the tenant fails to appear on the hearing date, the judge will most likely rule in favor of the landlord and a Judgment and Writ of Restitution will be filed (Step 7).
At the trial, the judge will hear testimony from both parties. Once they believe they understand the full scope of the situation, they will announce their judgment. If the tenant wins, they can maintain possession of the rental unit and may be awarded filing fees, court costs, and, if applicable, attorneys’ fees. If the ruling is in favor of the landlord, the judge may order the tenant to pay the landlord any unpaid rent, costs of damages, court fees, and attorneys’ fees and/or hand over possession of the residence to the landlord.
A Judgment form will be completed by the judge which orders the losing party to pay a certain amount of money to the prevailing party. Furthermore, if the landlord has won the case, they may regain possession of the property and claim monetary judgment by filing a Writ of Restitution with the court*. The Writ demands that the tenant vacate the premises before a certain date and time, which may not be sooner than five (5) days after judgment has been ordered. Should the tenant fail to remove themselves from the property, they are officially committing trespass in the third degree and the tenant will be forcibly removed by law enforcement.
*The fee for filing a writ is $115 + milage in Maricopa County, but fees may vary by county.
- Signing: Plaintiff or Plaintiff’s Attorney
- Signing: Justice of the Peace (Judge)
- Residential Eviction Information Sheet
- Signing: N/A
- Answer to Eviction Action
- Signing: Defendant
- Signing: Justice of the Peace (Judge)
- Writ of Restitution
- Signing: Justice of the Peace (Judge) and Constable/Sheriff