How to Evict a Tenant in Arizona (2026)
The legal steps for landlords in Arizona — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Arizona a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. Source: A.R.S. § 33-1368(B) |
|---|---|
| Lease violation | 10-day notice to cure a material noncompliance with the rental agreement. 5-day notice to cure a noncompliance with § 33-1341 that materially affects health and safety. A repeat of the same or similar violation allows a special detainer action 10 days after written notice. A material and irreparable breach on the premises (for example, illegal weapon discharge, assault, threatening, drug dealing, or serious property damage) allows a notice of immediate termination. Source: A.R.S. § 33-1368(A) |
| Ending a month-to-month tenancy (no fault) | Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 10 days' written notice. Source: A.R.S. § 33-1375(A)-(B) |
Local rent-control or just-cause rules can limit evictions: Local rent control is preempted. Cities, including charter cities, and towns have no power to control rents on private residential property. There is no statewide rent cap.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice of nonpayment stating that the landlord intends to terminate the rental agreement if rent is not paid within 5 calendar days. If unpaid, the landlord may file a special detainer action. Before filing, paying all past-due rent plus any reasonable late fee set in a written lease reinstates the lease. The tenant 'receives' notice when it is hand-delivered or sent by registered or certified mail to the place the tenant designated, or otherwise to the tenant's last known residence. Mailed notice is deemed received on actual receipt or 5 days after mailing, whichever is first. The statute prescribes no specific wording. |
|---|---|
| How it must be delivered | A tenant receives a notice when it is handed to them, or mailed by registered or certified mail to the address they gave for notices (or their last known residence). A landlord receives a notice when it is handed over, or mailed by registered or certified mail, to the landlord's place of business where the lease was made or another address the landlord gave, or delivered to the disclosed agent. Mailed notice counts as received on the actual date of receipt or 5 days after mailing, whichever comes first. The statute does not provide for email or text notice. Source: A.R.S. § 33-1313(B) |
Notice forms:
- Arizona notice to pay rent or quit — requirements and free draft
- Arizona notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Arizona are heard in: Justice Court for the precinct where the property is located (Superior Court also has jurisdiction).
- Landlord delivers written notice: 5-day pay-or-quit for nonpayment, 5- or 10-day notice to cure for violations, or immediate notice for a material and irreparable breach
- Landlord files a special detainer complaint; the summons issues the same day
- Tenant is served at least 2 days before the court date (or by posting plus certified mail)
- Initial appearance/trial set 3 to 6 days from the date of the summons; judgment may be entered at the first appearance or at a trial within 3 days
- Judgment for possession, rent, late charges stated in the lease, costs, and fees
- Writ of restitution may issue 5 calendar days after judgment; it is executed by a constable (or sheriff)
- Landlord must store the tenant's remaining property for 14 days after the writ is executed
Court timing: The tenant must appear at the time named in the summons, 3 to 6 days after the summons is issued. For a material and irreparable breach, the hearing is set no later than the third day after filing, and restitution is ordered 12 to 24 hours after judgment. Per the Arizona Judicial Branch, a written answer is not required in justice court unless the judge orders one.
Source: A.R.S. §§ 33-1377, 12-1178(C); Arizona Supreme Court eviction timeline (10/2021)
How long it takes to evict a tenant in Arizona
For unpaid rent, the notice period is 5 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Arizona
Court filing and service fees are set locally. Verified fees in the largest Arizona counties:
| County | Filing and service fees |
|---|---|
| Maricopa County (Phoenix) | $69 eviction action complaint; answer: no charge; Writ of Restitution $125 (includes constable service, minimum 6 miles; $2.40/mile over 6) |
| Pima County (Tucson) | $71 eviction complaint ($41 statutory + $10 court automation + $20 court operations); answer: no fee; writ of restitution: $43 |
| Pinal County (Casa Grande, Maricopa, San Tan Valley) | $61 eviction action filing; writ fee + constable ethics fee $38; civil answer fee $67 (general civil) |
| Yavapai County (Prescott) | $41 eviction action complaint; writ of restitution $38; answer to civil complaint $47 |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 10 days' written notice. Source: A.R.S. § 33-1375(A)-(B) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | The owner files a forcible detainer action in court. There is no affidavit-based police removal procedure. Under SB 1426 (2026), a person who entered by force commits forcible detainer by refusing to leave after a reasonable request from the owner or the owner's agent, if all of these apply: the property is or includes a residential dwelling; the occupant is unauthorized; the owner has told the occupant to leave; the property was not open to the public when the occupant entered; and the occupant is not a current or former tenant, a cohabitant by prior agreement, an immediate family member of the owner, or a party to pending litigation with the owner. In those cases the owner does not have to wait 5 days after a written demand. The Arizona Supreme Court must adopt rules for expeditious resolution, and the writ of restitution issues immediately after the court signs a judgment against the unauthorized person. Entering or remaining unlawfully in a residential structure is criminal trespass in the first degree, a class 6 felony. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate the lease. In either case the tenant recovers the greater of up to two months' periodic rent or twice actual damages. |
|---|---|
| Retaliation | A landlord may not raise rent, decrease services, or bring or threaten an eviction after the tenant (1) complained to a building or housing code agency about a health or safety violation, (2) complained to the landlord about a § 33-1324 maintenance violation, (3) organized or joined a tenants' union, or (4) complained to a wage-price stabilization agency. A complaint within 6 months before the alleged retaliation creates a presumption of retaliation. Source: A.R.S. § 33-1381 |
| Accepting rent after the notice | A landlord does not have to accept partial rent. If the landlord accepts a partial payment, the landlord keeps the right to evict only if the tenant agrees in a written agreement, signed at the same time, that sets the terms for continuing the tenancy and the date the balance is due. If the landlord already served the 5-day nonpayment notice, no new notice is needed when the tenant breaks that agreement. A housing-assistance (for example, Section 8) payment does not count as partial rent or as a waiver. Otherwise, accepting rent, or any portion of it, with knowledge of the tenant's default waives the right to terminate for that breach. Source: A.R.S. § 33-1371(A)-(C) |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Arizona eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Arizona?
5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion.
How much does it cost to evict a tenant in Arizona?
Court fees are set locally — for example, Maricopa County (Phoenix): $69 eviction action complaint; answer: no charge; Writ of Restitution $125 (includes constable service, minimum 6 miles; $2.40/mile over 6)
Can a landlord change the locks to evict a tenant in Arizona?
If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate the lease. In either case the tenant recovers the greater of up to two months' periodic rent or twice actual damages.
How do you evict a tenant without a lease in Arizona?
Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 10 days' written notice.
← All Arizona landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.