A reference of Arizona Eviction Laws, and steps of the Arizona eviction process for landlords and renters, updated 2021.
- What are the reasons that landlords can evict tenants under Arizona eviction laws?
- Nonpayment of rent (A.R.S. § 33-1368(B)).
- Material falsification of the information provided on the rental application ((A.R.S. § 33-1368(A)).
- Material non-compliance of the lease agreement (A.R.S. § 33-1368(A)).
- Actions that affect health and safety (A.R.S. § 33-1368(A)).
- Irreparable breach of the lease agreement (A.R.S. § 33-1368(A)).
- Illegal activity (A.R.S. § 33-1368(A)).
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (A.R.S. § 33-1375).
- What notice do Arizona eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must give a 5-day notice to pay rent before starting the eviction process. (A.R.S. § 33-1368(B)).
- For evictions based on actions affecting health and safety, the landlord must give a 5-day notice before beginning the eviction process. (A.R.S. § 33-1368(A)).
- For evictions based on material falsification of the information provided on the rental application, including not providing honest information about the number of occupants in the dwelling unit, pets, income, current employment, or social security number of any tenant, or the tenant’s criminal records, the landlord must provide a 10-day notice before starting the eviction process. (A.R.S. § 33-1368(A)).
- For actions constituting an irreparable breach of the lease, such as illegal activity that occurs on the premises, such as manufacturing drugs, homicide, assault, the illegal discharge of a firearm, creating a nuisance, acting in a way that jeopardizes the health, safety, and welfare of the landlord or the landlord’s agent, or acting in a way that involves imminent or actual serious property damage, immediate notice is required before beginning the eviction process. (A.R.S. § 33-1368(A) ).
- For evictions based on material non-compliance of the lease other than for the reasons that justify less notice, the landlord must provide a 10-day notice to the tenant before beginning the eviction process. (A.R.S. § 33-1368(A)(2)).
- For evictions based on a holdover tenancy, the landlord must provide a notice equal to the type of lease before terminating it. For example, for a month-to-month lease, the landlord must provide a 30-day notice. For a week-to-week lease, the landlord must provide a 7-day notice. landlords must provide the 30-day notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Arizona Stat. § 33-1375).
- Do Arizona eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. Arizona law forbids landlords from using self-help eviction methods. Violating this law can result in the landlord owing the tenant damages equal to two times their rent and attorney’s fees. Ariz. Rev. Stat. §§ 33-1364(2)(D); 33-1367.
Arizona Eviction Process
Landlords must comply with the Arizona Rules of Procedure for Eviction Actions and follow these steps to legally evict a tenant in Arizona.
- Deliver the eviction notice. To initiate the Arizona eviction process, the landlord must deliver the eviction notice to the tenant that states the acts and omissions that are in violation of the lease and what the tenant can do, if anything, to correct the situation. The notice must also specify the appropriate timeline that the tenant has to fix the situation. If the tenant becomes compliant within the timeline, the landlord need not take any further action. However, if the tenant remains in breach, the landlord will need to move on to the next step.
- File the initial court documents. The landlord will need to file a Complaint and Summons with the Arizona Justice Court to officially begin the eviction process. The landlord will also need to complete a Residential Eviction Information Sheet and pay the filing fee. Once the landlord receives the file-marked documents, they will need to legally serve the tenant in the manner provided by the Arizona Rules of Civil Procedure.
- Wait for the tenant’s response. The tenant will have an opportunity to submit a Defendant’s Answer in response to the eviction case.
- Attend the court hearing. The court will schedule a hearing when the complaint is filed. If the tenant does not appear, the landlord can request the court sign a judgment to evict the tenant. If the tenant does appear, the court can hear testimony from the parties and any witnesses.
- File a Writ of Restitution. If the landlord wins the case by trial or default, they will file a Writ of Restitution with the court.
- Evict the tenant. The landlord provides the signed Writ of Restitution to the sheriff to give them the authority to physically remove the tenant from the premises.
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