The Eviction Process In Arizona

Landlords in Arizona are allowed to file an Eviction Action under the Rules of Procedure for Eviction Actions (also known as RPEA). Below are the individual steps of the eviction process in Arizona.

STEP ONE: NOTICE IS POSTED

Landlords in Arizona initiate the eviction process by providing notice to the tenant of the reason for the eviction. There are several reasons supporting an eviction, including the following:

Non-Payment of Rent

Once rent is past due, notice must be served, allowing the tenant the option to pay rent in order to avoid eviction. Once rent is past due, the landlord must provide a 5-Day Notice To Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within five days to avoid eviction. If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Violation of the Lease Agreement

If a tenant violates a provision of a written lease/rental agreement, the landlord shall give the tenant the opportunity to correct the issue or violation before moving forward with the eviction process. Arizona landlords must provide tenants with a 10-Day Notice To Comply, giving tenants 10 days to correct the issue in order to avoid eviction. If the tenant fails to correct the issue within the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process 11 days after the tenant receives the eviction notice. Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

End Of Lease Term

If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given. In the state of Arizona, if tenants “holdover,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants. Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew. The amount of time required in the notice depends on the type of tenancy. If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit. If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Health and Safety Violations

If the tenant violates a health, building, safety, or housing code, they must be given the opportunity to fix the issue before the eviction process proceeds further. In these instances, the landlord is required to provide the tenant with a 5-Day Notice to Comply, giving the tenant five days to correct the issue.

Examples of material health/safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, destroying or neglecting the premises or even things like damaging the electrical wiring in the rental unit. If the tenant remains on the property after the notice period expires, without correcting the violation, the landlord may proceed with the eviction process.

Illegal Activity

If a tenant or any other occupant of the rental unit has engaged in illegal activity, the landlord is not required to provide written notice prior to beginning an eviction action. Arizona landlords are required to give written notice to tenants who are involved in illegal activity prior to beginning the eviction process; however, Arizona state law doesn’t specify how much notice is required. In certain circumstances, Arizona landlords may give the tenant an unconditional quit notice, this means that the lease is terminated immediately without any opportunity to remedy the situation or problem.

STEP TWO: COMPLAINT IS FILED AND SERVED

As the next step in the eviction process, Arizona landlords must file a complaint in the appropriate court. A copy of the lease agreement including any addendums shall be served with the complaint and summons.

The complaint must be served to the tenant by a certified process server at least two days prior to the eviction hearing by either (1) Giving a copy to the tenant in person; or (2) posting a copy in a conspicuous place on the rental property, and mailing a copy to the tenant via certified mail.

STEP THREE: COURT HEARING AND JUDGMENT

The eviction hearing must take place three to six days after the date the summons was issued. For illegal activity evictions, however, the hearing will take place three days after the date the summons was issued. Tenants may file a written answer if they choose; however, it is not required in order for the tenant to appear at the eviction hearing. Any defenses or objections to the eviction can be made in person at the hearing.

If the tenant fails to appear for the hearing, it will not be continued, and the judge will rule in favor of the landlord. Tenants have five days to file an appeal, unless the eviction is for illegal activity, and then tenants will only have 24 hours to file the appeal.

STEP FOUR: ISSUANCE OF WRIT OF RESTITUTION

If the judge rules in favor of the landlord, a writ of restitution will be issued The writ of restitution is the tenant’s final notice to leave the rental unit prior to being forcibly removed from the property by the sheriff or constable.

For evictions due to illegal activity, the writ will be issued 12-24 hours after judgment is entered for the landlord. For all other evictions, the writ will be issued at least five days after the judgment in favor of the landlord.

STEP FIVE: POSSESSION OF PROPERTY RETURNED TO THE LANDLORD

If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord. The writ of restitution must be executed promptly once it is received by the constable or sheriff, unless the court finds there is good reason to delay the eviction. This means that as soon as the tenant receives the writ of restitution, or the writ is posted on the rental unit, they will be required to move out and will not be given any additional time.

At Lynx Legal Service, help on any of these issues is simply a click or phone call away. Email info@lynxlegal.com or call our office at (888) 441-2355 to discuss your questions or if you are ready to start a case.