Key Takeaways
Following the correct procedures is essential. Failing to give proper notice or file correctly can delay the case or even result in dismissal.
- Tenants may raise legal defenses. Evictions can be contested if notice wasn’t proper, rent was accepted, or required repairs were not made.
- Landlords should never attempt a self-help eviction, such as changing locks, shutting off utilities, or removing tenants without a court order, as this can result in legal penalties.
Keyrenter Gilbert put together this article to walk Arizona landlords step-by-step through the legal eviction process so you can recover your property lawfully.
The Eviction Process: How to Evict a Tenant in Arizona
1. Notice for Lease Termination With Legal Cause
An Arizona landlord can evict a tenant for several lawful reasons. Common ones include:
- Nonpayment of rent.
- Violation of a lease term (for example, unauthorized pets, damage, noise, or nuisance).
- Health or safety violations or other dangerous conditions.
- Illegal activity on the premises.
- Repeated lease breaches after prior warnings.
The type of eviction notice you issue depends on the reason you are ending the tenancy. Generally, in Arizona, there are a few main notice types:
- 5-Day Notice to Pay or Quit: used when rent is not paid on time. The tenant has five days to pay the full amount or vacate.
- 10-Day Notice to Cure or Quit: used when the tenant violates the lease or rental agreement in a way that can be fixed, such as having an unauthorized pet or falsifying the number of occupants.
- 10-Day Unconditional Quit Notice: used for repeated or serious lease violations that cannot be corrected.
- Immediate Termination Notice: allowed when the tenant commits a material and irreparable lease breach or is engaging in criminal activity on the property.
2. Serving a Tenant with an Eviction Notice in Arizona
If you are ending a tenancy without cause, such as choosing not to renew a month-to-month rental, the rules are slightly different.
- Month-to-Month Leases: Arizona law requires landlords to give 30 days’ written notice before the end of the rental period to terminate the agreement.
- Fixed-Term Leases: such as one-year agreements, you generally must wait until the lease expires. You cannot terminate early unless the lease itself allows it or the tenant violates the terms.
When delivering a tenant notice:
- Landlords may hand it to the tenant personally.
- Landlords may send it by certified or registered mail to the tenant’s address listed in the lease or their last known address.
The five-day or ten-day period begins when the tenant receives the notice or five days after mailing, whichever is earlier. The landlord cannot file for eviction until the notice period expires and the tenant has failed to correct the violation, pay rent, or vacate the property.
3. Tenant Eviction Defenses and Court Hearing Process in Arizona
Even with proper notice, a tenant may still raise defenses in court to delay or dismiss the eviction. Some common defenses in the eviction hearing include:
- The landlord failed to provide proper legal notice or did not serve it correctly.
- The tenant paid the rent or corrected the lease violation before the hearing.
- The landlord accepted partial rent without a written agreement.
- The landlord failed to make required repairs, and the tenant followed proper repair and deduction procedures.
- The eviction is in retaliation for the tenant exercising legal rights, such as reporting unsafe conditions or code violations.
- The eviction is discriminatory or violates fair housing laws.
If the eviction proceeds, the landlord must file a forcible detainer action in the appropriate Justice or Superior Court, including the lease, notice, and rent records. The tenant must be served with the summons and eviction complaint at least two days before the hearing.
Both the landlord and tenant have the opportunity to present evidence, and the judge will issue a ruling for possession and any unpaid rent or fees. Tenants typically have five days to appeal or pay the balance to avoid removal. If they fail to appear, the landlord may be granted a default judgment.
4. Writ of Restitution
If the tenant does not vacate after losing in court, you must request a Writ of Restitution from the court. This writ allows law enforcement to physically remove the tenant from the property.
Typically, you can request the writ about five days after the eviction judgment is entered. In cases involving immediate or serious violations, the writ may be issued sooner.
Once the writ is signed by the judge, it is sent to the county sheriff or constable for enforcement. The landlord must coordinate with the officer to set a date for the removal, which can take up to a week, depending on scheduling.
5. The Eviction
When the Writ of Restitution is served, the sheriff or constable will visit the property and oversee the tenant’s removal. The officer will allow the landlord to enter and take possession.
Landlords must change the locks immediately after regaining possession. Arizona law does not require landlords to store the tenant’s belongings for an extended period. Typically, property left behind can be considered abandoned after a short period and disposed of according to Arizona’s landlord-tenant act.
After the tenant has been removed and you’ve regained possession, you can assess the property for any damages beyond normal wear and tear. Under Arizona law, landlords have 14 business days (excluding weekends and holidays) after the tenant vacates to return the security deposit or provide an itemized list of deductions.
Failing to meet this deadline can result in penalties, so it’s important to document the property’s condition carefully. It is important that landlords never attempt self-help eviction actions, such as shutting off utilities or removing tenants without a writ. Doing so can expose you to legal liability and penalties.
Bottom Line
The Arizona eviction process has several steps: serving the correct notice, waiting the required time, filing a court case, attending the hearing, obtaining a judgment, and securing a Writ of Restitution to remove the tenant. Each stage must follow state law carefully to avoid delays or case dismissal.
By partnering with Keyrenter Gilbert for your property management needs, you can reduce the likelihood of ever needing to evict a tenant thanks to our thorough screening process. In the rare event that an eviction does become necessary, our team will be there to guide and support you every step of the way, ensuring the process is handled with care and professionalism.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.