Outline of the Eviction Process in Arizona

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Law: Ariz. Rev. Stat. § 33-1301 to § 33-1381 (Arizona Residential Landlord and Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 10-day notice to cure (if curable) or vacate (5 days for material health/safety violations).
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day (month-to-month) or 90-day (e.g., owner occupancy).
  • Illegal activity: Immediate notice (no cure for serious violations).
• Delivery: Hand-delivered, certified mail, or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 10 days, or 5 days for health/safety).

3. Filing the Eviction Case

• File Special Detainer in Justice Court or Superior Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$35–$100 (varies by county).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Constable, sheriff, or process server serves papers 3 days (or 5 days if mailed) before hearing.
• Methods: Personal delivery, left with resident, or posted and mailed.
• Tenant must file answer or appear at hearing to contest.

5. Court Hearing

• Held 3–6 days (non-payment) or 6–10 days (other reasons) after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., mediation).

6. Judgment and Execution

• Writ of Restitution if landlord wins.
• Appeal: 5 days (requires bond).
• Writ issued: ~5–10 days post-judgment; sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or constable removes tenant; landlord stores belongings (21 days).
• Tenant can reclaim property by paying storage costs.
• Law: Ariz. Rev. Stat. § 33-1368.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 10/5 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 2x rent or damages).
• Resources:
  • Community Legal Services (602-258-3434), azlawhelp.org, aztenants.com.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: Ariz. Rev. Stat. § 33-1301 to § 33-1381; azcourts.gov; azlawhelp.org.