Arizona Eviction Process & Laws | Free AZ Eviction Notices

The Arizona eviction process begins with the landlord informing the tenant that they have broken their lease or the landlord has intended that they would like to cancel a current month to month lease. In either arrangement, if the tenant does not respond to the landlord, an action may be presented against them. The landlord should follow-thru with the State Instructions for Eviction (Graham County, Mohave County, Pima County, & Pinal County). The tenant will have the chance to represent themselves by filing the Answer which will allow them to have their say and should review the Tenants' Rights and Responsibilities Handbook.

Non-Payment of Rent Laws - Section 33-1368 - 5 Days' Notice

Month to Month Laws - Section 33-1375 - 30 Days' Notice

Forcible Entry and Detainer Laws - Sections 12-1171 to 12-1183

Types of Notice



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Download the five (5) day notice to quit for the non-payment of rent that allows an Arizona landlord to notify a tenant of their late rent. If the tenant does not pay the amount due to the landlord they must leave the property within the five (5) day period or…

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The Arizona five (5) day notice to quit for violations of health and safety (Defined under 33-1368(A) gives a Tenant this time period to remedy an issue regarding their property. If on the sixth (6th) day a solution has not been found to the issue then the Landlord will have…

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The Immediate Notice for Irreparable Breach is a document provided to landlord’s, by the courts of Arizona, for a tenant who has breached their lease agreement to the extent that is not curable. This may be from all of the following: Weapons charge Prostitution Criminal gang and/or drug activity Threats…

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The Arizona ten (10) day notice for a material non-compliance, reference § 33-1367, is a document that is sent to a tenant by a landlord when a violation of the lease has transpired. The form grants ten (10) days for the tenant to fix or “cure” the issue or else they…

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Download the Arizona notice to terminate a month-to-month tenancy by downloading this document and serving upon a tenant with at least thirty (30) days’ notice (Pursuant to Statute 33-1375(b)). This means that if rent is due on the first (1st) of the month notice must be given at least one-month…

Process How to Evict a Tenant

Step 1 – The landlord will need to send one (1) of the following types of notice to the tenant:

 

Step 2 – Complete the document and send to the tenant via Certified Mail, personally handing, or any other legal route pursuant to State Statutes. If the notice allows a right to “cure the issue” within a certain amount of time the landlord will have to wait until the end of the period. The tenant has the option of moving-out or fixing the violation by the end of the notice period. If the tenant completes neither then the landlord may file a “Forcible Entry and Detainer”, which is the legal name for filing an eviction suit.

Step 3 – If the tenant has not fulfilled their obligation and has not moved off the premises the landlord has the right to file a Forcible Entry and Detainer. This is started by the landlord, known as the Plaintiff, filing their County's Court Forms (See Image Below).

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Step 4 – The Plaintiff will have to file the following forms with their respective court jurisdiction:

  • Eviction Action Complaint (Form FD11-011)
  • Eviction Action Summons (Form FD-11-111)

The documents must be filed with the Justice Court if the landlord's claim is less than $10,000 and the Superior Court if it is over $10,000.

The filing fee is for the Plaintiff is $50.

Step 5 – After making the filing with the court you will be given a hearing date within six (6) days. In that time you must serve the tenant through a process server (See List) or go through the Justice Court’s Constable.

The process server will be responsible for providing the filed Complaint, Summons, and the Answer to the Defendant.

The party that serves the Defendant is required to submit an Affidavit of Service with the court to mark that they have been served.

Defendant’s Answer – The Defendant is allowed to state their plea to the court by using the Defendant’s Answer. This must be filed with the court before the hearing date and must be attached with the $36 filing fee.

Step 6 – Both parties will be required to show up at the court date. If the tenant pleas guilty or no contest the judgment will be awarded to the landlord in the amount owed along with an order that states possession of the property must revert back to the landlord.

*If the Defendant (tenant) does not show up at the court hearing the Plaintiff will be required to deliver a copy of the Default Judgment to the Defendant.

Once the debt has been paid the Plaintiff must file a Satisfaction of Judgment with the court to note that the Defendant has paid their debt.

***If the Tenant does not move out after Judgment – The landlord has forty-five (45) days from the date of the court hearing to file for a Writ of Restitution which will direct the Constable of the court to evict the tenant.