A Step-by-Step Guide to Residential Evictions in Arizona
Evicting a residential tenant in Arizona involves a multi-step legal process that must be followed carefully to ensure compliance with state law. Below is a clear overview of the key stages landlords must go through when pursuing a residential eviction in Arizona.
1. Serving Notice to the Tenant
Before filing an eviction case, Arizona law requires that tenants receive proper written notice. The type of notice depends on the reason for the eviction:
- 5-Day Notice – Used when a tenant fails to pay rent.
- 10-Day Notice – Issued for a material breach of the lease agreement (e.g., property damage or unauthorized pets).
- 30-Day Notice – Required to terminate a month-to-month tenancy without cause.
Proper Delivery of Notices
Notices must be delivered in accordance with Arizona law, which may include personal service, certified mail, or posting and mailing, depending on the situation. Timing is critical—ensure proper notice periods are observed before proceeding to court.
2. Filing the Eviction Lawsuit and Serving the Tenant
Once the notice period has expired without resolution, the landlord may file an eviction lawsuit (Forcible Detainer Action) in the appropriate Justice Court.
Documents Prepared and Filed:
- Complaint
- Summons
- Lease agreement
- Six-month payment history
- Residential eviction explanation sheet
- Proposed form of judgment
After filing, the court documents must be served on the tenant by a licensed process server.
3. The Eviction Hearing
Every eviction case is assigned a court date. At the hearing, one of our attorneys will appear on your behalf—saving you from having to take time off work or appear in court yourself.
What Happens at the Hearing?
If the tenant does not raise a legal defense or appear, the court typically enters judgment in the landlord’s favor. However, if contested, the case may be set for an eviction trial, which is a more formal proceeding with witness testimony and legal arguments.
4. Obtaining the Eviction Judgment
The goal of the eviction hearing is to obtain an Eviction Judgment, which typically includes two components:
- Monetary Award – The tenant is ordered to pay unpaid rent, late fees, court costs, and attorney’s fees.
- Possession Order – The tenant is ordered to vacate the property within 5 calendar days.
If the tenant fails to leave within the court-ordered timeframe, the landlord must proceed with the next step.
5. Filing a Writ of Restitution
If the tenant does not vacate voluntarily, the landlord must file a Writ of Restitution with the court. This document authorizes a constable to physically remove the tenant from the property.
Key Information:
- Filing Fee: $115 in Maricopa County (as of 2024). Additional travel fees may apply in rural areas.
- Tenant’s Belongings: If the tenant leaves belongings behind, the landlord must store them for 14 days. The landlord may charge the tenant the actual cost of moving and storing the items but cannot withhold them as leverage for unpaid rent or judgment amounts.
If the tenant reimburses the storage and moving costs within 14 days, the landlord must return the items.
Final Thoughts
Evictions in Arizona can be complex, and landlords must follow each step precisely to avoid delays or legal issues. Our firm handles every stage of the process—from notice to final possession—ensuring that your rights are protected and your property is restored.
Need help with a residential eviction?
If you have additional questions about the Arizona eviction process then contact the Dunaway Law Group at 480-702-1608 or HERE.
* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the state of Arizona and New York.