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November 2025

Evicting a Residential Tenant in Arizona - Gottlieb Law
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Evicting a Residential Tenant in Arizona
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Gottlieb Law, PLC provides this article for informational purposes only. It does not constitute legal advice, nor does reading it create an attorney-client relationship. Because eviction law is technical and fact-specific, you should consult qualified legal counsel before taking any action in reliance on the information discussed here. Statutes and court rules may change, and the application of the law can vary based on the circumstances of each matter.


Evicting a tenant in Arizona requires precision, clear documentation, and an understanding of strict statutory timelines. This guide explains how the process generally works as we move into 2026 so landlords know what to expect before taking action. Arizona’s eviction process is governed primarily by the Arizona Residential Landlord and Tenant Act (“ARLTA”) and the Arizona Rules of Procedure for Eviction Actions (“RPEA”).  The process is time-sensitive and strictly procedural.  Generally, three elements determine whether an eviction filing is valid:

  1. Issuing the correct statutory notice,
  2. Waiting the full legally required period, and
  3. Properly serving both the notice and the eviction action.

Failure to comply with any of these requirements may delay the matter or result in dismissal.

Gottlieb Law assists Arizona landlords in navigating their obligations under ARLTA and the RPEA, including compliance with relevant statutes such as A.R.S. §§ 33-1324, 33-1368, and 33-1377, and ensuring that each step of the process is handled in accordance with the applicable legal standards.

When You Can Pursue an Eviction and the Notices Involved

Arizona law recognizes several legal grounds for eviction, and each category has its own specific statutory notice and waiting period. The requirements are technical, time-sensitive, and strictly enforced by the courts. The following is a general overview only, and landlords should consult counsel before issuing any notice or taking any action, as the proper classification and procedure depend heavily on the facts.

Nonpayment of Rent

For unpaid rent, Arizona law generally requires that the landlord provide a 5-Day Notice for nonpayment before an eviction action can be filed. The timing rules are precise, and courts require that the full statutory period expire before filing.

Material Noncompliance (Not Related to Health or Safety)

For lease violations that are not health- or safety-related, the statute typically requires a 10-Day Notice to allow the tenant an opportunity to cure. Whether a violation qualifies as “material” or “curable” is fact-specific and often disputed.

Health and Safety Violations

When a tenant’s conduct affects health or safety, A.R.S. § 33-1368(A) generally allows a 5-Day Notice. Precise wording and proper factual classification are essential because courts distinguish carefully between categories.

Immediate and Irreparable Breach

For conduct considered “immediate and irreparable” under Arizona law—often involving criminal or dangerous activity—an immediate termination notice may be permitted.  These cases are highly sensitive and often require careful evaluation to determine whether the facts legally meet this standard.

Notice Forms 

Some Arizona courts provide standard notice templates, such as those available through the Maricopa County Justice Courts, for example. These forms help reduce the risk of improper wording; however, using a court form alone does not ensure legal sufficiency, as the facts, service method, and timing must still comply with statute and case law.  Further, the legal strategy behind an eviction can change based on the specific circumstances and it is imperative the correct legal strategy is employed.  Many landlords choose to have legal counsel prepare or review notices to avoid defects that could delay or dismiss a case and also to assist with the eviction process itself.

Critical Pre-Filing Considerations

Before initiating an eviction action, landlords should ensure that all statutory prerequisites are satisfied. Issues frequently raised in court include:

  • Whether the correct notice was served and whether the full statutory waiting period has elapsed.

  • Whether partial rent was accepted, and if so, whether a proper written reservation of rights under A.R.S. § 33-1371 was issued.  Failure to reserve rights may waive the violation

  • Whether the landlord’s own maintenance and habitability obligations under A.R.S. § 33-1324 are current.  Tenants may raise habitability defenses that can halt or complicate the eviction process.

Because each case is fact-dependent and procedural mistakes can be costly, landlords often avoid self-help approaches and instead obtain legal guidance before serving notices or filing.

Filing an Eviction Case in Arizona

Residential eviction actions, commonly referred to as special detainer or forcible detainer actions, are generally filed in the Justice Court precinct where the rental property is located, but may also be filed in superior court if the jurisdiction requirements are met.  Although the statutory and rule-based requirements may appear straightforward, eviction filings involve precise documentation, strict deadlines, and mandatory procedural steps. Errors at the filing stage can delay the case or result in dismissal.

Landlords typically need to provide the court with supporting documents, such as the lease, notices, service records, and payment history. The specific documents required will depend on the facts of the case and the type of violation alleged.

The RPEA requires expedited scheduling.  Hearings are typically set three to six days after the summons is issued, which leaves little room for error.  The summons and complaint must be served on the tenant at least two days before the hearing.  (Courts offer additional guidance on the Arizona Courts Eviction Actions resource page.)

Because of the accelerated timelines and the potential consequences of an incorrect filing, many landlords choose to have legal counsel prepare and submit the required materials.

Service of Process Requirements

Service of process is one of the most common areas where eviction cases encounter problems. Under the RPEA and A.R.S. § 33-1377, the tenant must be properly served with the complaint and summons at least two days before the hearing.  Personal service is typically preferred, although alternative service may be allowed under certain circumstances if approved by the court.

Courts strictly enforce service requirements.  If service is defective or untimely, the case may be delayed or dismissed.  Legal guidance is often helpful in determining the appropriate method of service, especially when tenants are difficult to locate or avoid service.

What the Court Reviews at the Hearing

Eviction hearings in Arizona are fast-paced, evidentiary proceedings.  At the hearing, the landlord must be prepared to establish multiple elements, including:

  • The court has jurisdiction and venue is proper
  • A valid rental agreement exists
  • The correct notice was issued and the statutory waiting period was met
  • A qualifying breach of the lease or statute occurred
  • The amount owed, if applicable
  • That no waiver occurred through acceptance of rent or other conduct

Tenants may raise a range of statutory or factual defenses, including allegations of defective notice or service, habitability concerns under A.R.S. § 33-1324, claims of retaliation, or disputes over the amount owed.

Because hearings are typically brief, detailed preparation is critical.  Justice Courts rarely grant continuances longer than three days absent good cause, which further underscores the importance of having the case properly prepared before the initial hearing date.

Judgment and Possession

If the court enters judgment for the landlord in an eviction case, the court may award possession of the property and, where supported by the evidence and allowed by law, unpaid rent, late fees, court costs, and reasonable attorney’s fees.

The Writ of Restitution is the court order that authorizes law enforcement to restore possession to the landlord by removing the tenant if they do not vacate voluntarily.  In most standard cases, the writ generally does not issue until at least five calendar days after judgment, while cases involving an immediate and irreparable breach may proceed on a shorter timeline.  The Maricopa County Justice Courts Evictions Hub, for example, provides more detail on local procedures and forms for cases in Maricopa County.

Tenants typically have a short window (often five days from judgment) to file an appeal, and certain post-judgment motions or bond requirements may apply.  Because these deadlines are strict, both landlords and tenants benefit from legal advice soon after judgment is entered.

Special Categories of Evictions

Certain situations fall under special statutory rules that differ from standard residential evictions.

Mobile Home Parks and RV Spaces

Mobile home parks and RV spaces are governed by separate statutes with different timelines, notice requirements, and remedies than the standard Arizona Residential Landlord and Tenant Act. The Arizona Courts Eviction resources outline these distinctions, and landlords should seek counsel before acting in these areas.

Domestic Violence Protections

Under A.R.S. § 33-1318, tenants who are victims of domestic violence may have additional rights, including the ability in some circumstances to change locks or terminate a lease early. These cases can be complex and emotionally charged, and landlords should obtain legal guidance before taking any action that might implicate domestic violence protections.

Utility and Habitability Issues

When disputes involve loss of essential services (such as air conditioning, water, or electricity), tenants may assert habitability defenses under A.R.S. § 33-1324.  Arizona law continues to require landlords to maintain a habitable property, even during an eviction dispute. Mishandling these issues can impact both liability exposure and the outcome of the eviction case.

Common Pitfalls in Arizona Eviction Cases

Eviction actions frequently fail or are delayed because of technical or procedural missteps, such as:

  • Filing the case before the full notice period has expired
  • Using the wrong notice type for the alleged breach
  • Accepting partial rent without a proper reservation of rights under A.R.S. § 33-1371
  • Serving the summons and complaint too close to the hearing date under the RPEA
  • Requesting a writ of restitution before the statutory time period has run

A consistent, documented process, ideally reviewed by counsel, is often the best protection against these problems.

Key Stages in an Arizona Eviction (What Landlords Should Understand)

Arizona evictions move quickly and are heavily driven by statutory notices, deadlines, and documentation. Rather than treating the process as a do-it-yourself checklist, landlords should understand the main stages where the law is strict and where counsel is most helpful:

  • Identifying the Breach and Legal Basis: Classifying the issue correctly (nonpayment, material noncompliance, health and safety, immediate and irreparable breach, etc.) determines which statute applies and what notice and timelines are required.

  • Issuing and Serving the Proper Notice: The wording, method of service, and waiting period must all comply with the ARLTA and RPEA.  Filing even a day early can result in dismissal.

  • Avoiding Waiver and Ensuring Maintenance Compliance: Accepting partial rent without a proper reservation of rights under A.R.S. § 33-1371, or falling behind on habitability obligations under A.R.S. § 33-1324, can create defenses that complicate or derail the case.

  • Filing in the Correct Court with Proper Documentation: Residential evictions are typically filed as special detainer actions in the appropriate Justice Court precinct, with supporting documents such as the lease, notices, proof of service, and rent ledger.

  • Complying with Service of Process and Hearing Timelines: The summons and complaint must be served according to the RPEA and A.R.S. § 33-1377, and within the required timeframe before the hearing. Hearings are set quickly, and continuances are limited.

  • Presenting Evidence at the Hearing: Landlords must be prepared to prove the existence of the lease, proper notice and service, breach, amounts claimed, and that no waiver occurred, while also responding to any defenses the tenant raises.

  • Handling Post-Judgment Issues and Writ Timing: If judgment is granted, the landlord may pursue a writ of restitution to regain possession, subject to statutory waiting periods and any appeal-related deadlines.

For more detailed statutory and rule references, landlords can review Arizona Courts – Eviction Rules, and the Maricopa County Justice Courts – Evictions Hub (for Maricopa County cases), and should consult legal counsel before acting.

Frequently Asked Questions

How many days until a lockout after judgment?

In many standard residential cases, the writ of restitution generally may issue about five calendar days after judgment, subject to the applicable statutes, rules, and any appeal or stay. Cases involving an alleged immediate and irreparable breach may proceed on a shorter timeline. Because timing is critical and fact-specific, landlords should confirm the applicable waiting period with counsel before requesting a writ.

Can a landlord accept partial rent during an eviction?

Accepting partial rent during the eviction process can, in some circumstances, be argued as a waiver of the breach. A.R.S. § 33-1371 allows landlords, in certain situations, to accept partial payments while reserving rights in writing. Because waiver issues are very fact-dependent, landlords should speak with an attorney before accepting any payment after serving a notice.

Do landlords have to repair air conditioning or other essentials during an eviction?

Generally, a landlord’s duty to maintain a habitable property under A.R.S. § 33-1324 continues throughout the landlord-tenant relationship, including during an eviction dispute.  Problems involving air conditioning, water, or other essential services may also form the basis of tenant defenses or counterclaims, so they should be evaluated carefully with counsel.

When to Involve Counsel

Even what appears to be a straightforward eviction can quickly become complex if a tenant raises defenses related to:

  • Habitability and repairs,
  • Retaliation or discrimination,
  • Subsidized or voucher housing rules,
  • Domestic violence protections, or
  • Procedural defects in notice, timing, or service.

Gottlieb Law’s attorneys assist Arizona landlords at every stage of the process, starting with evaluating the facts and preparing notices, continuing through filing and appearing in court, and concluding with the resolution of post-judgment issues, with a consistent focus on compliance with ARLTA, the RPEA, and all applicable local rules.

Schedule Your Eviction Readiness Consultation

Mistakes in timing, notice, or service can cause weeks of delay, increased costs, and, in some cases, dismissal of the action. To help landlords spot and address issues before filing, Gottlieb Law offers an eviction readiness consultation that can review:

  • Your proposed notice strategy and language,
  • Statutory waiting-period and timing considerations,
  • Your service of process plan, and
  • Key court documents and evidentiary issues.

Call us at 602-899-8188 or use our Contact Us page to schedule an initial consultation with our firm.

Gottlieb Law, PLC provides this article for informational purposes only. It does not constitute legal advice, nor does reading it create an attorney-client relationship. Because eviction law is technical and fact-specific, you should consult qualified legal counsel before taking any action in reliance on the information discussed here. Statutes and court rules may change, and the application of the law can vary based on the circumstances of each matter.

Using Arizona County Property Title Alerts - Gottlieb Law
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Why Every Arizona Property Owner Should Use Title Alerts
Why Every Arizona Property Owner Should Use Title Alerts 1536 1024 Gottlieb Law


Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Do not act or rely on this information without consulting qualified legal counsel. Laws change frequently, and only a licensed attorney can provide advice specific to your circumstances.


According to a Fox10 local news story in Phoenix, a recent Scottsdale case brought renewed attention to deed-related fraud attempts in Arizona.  The story spread quickly across local news.  Local news outlets and police reports described an incident in which two individuals allegedly used forged documents in an effort to list and sell a home they did not own. The legitimate owner discovered the activity early, but without quick intervention, the property could have been sold, encumbered, or otherwise affected before anyone realized something was wrong.

Although outright “title theft” is rare, fraudulent attempts involving forged deeds, impersonation, and falsified ownership documents do occur—especially in markets with high demand, rapid appreciation, or a large number of part-time or absentee owners. These circumstances can make Arizona properties appealing targets for individuals seeking to transfer ownership or authorize a sale without the true owner’s knowledge.

Fortunately, many Arizona counties now offer a title alert service that provides property owners with prompt notice when a document is recorded under their name. While these alerts cannot prevent a fraudulent recording from being submitted, they can give owners rapid notice so they can investigate and, if necessary, take legal action as quickly as possible.

This article explains why these alerts matter, how to sign up in Arizona’s largest counties, what to look for in the notifications, and why early action can keep a recording issue from becoming a much more significant legal problem.  For readers seeking deeper analysis of real-estate fraud issues, here are some of our recent resources:


The Scottsdale Alleged Fraud Attempt: A Real Wake Up Call

In the alleged recent Scottsdale incident, the suspects allegedly used falsified documents to impersonate the property owner. They then attempted to present the home as their own and move forward with a sale. This type of deed-related fraud is possible because county recorder offices are generally required to accept and record documents that meet statutory formatting requirements. Recorders generally cannot investigate authenticity, verify signatures, or determine whether identification is legitimate.

Once a fraudulent instrument is recorded, the individual responsible may attempt to sell the property, obtain financing, place liens, or transfer it to another entity. Many victims do not learn of the issue until long after the document is recorded and the scam has progressed. Title alerts help by providing an early warning signal when prompt intervention is still possible.

How Maricopa County Title Alert Protects You

Maricopa County offers a Title Alert service that sends a notification whenever a document is recorded containing a name you register. The system monitors the exact names you enter and alerts you by email or text when a deed, lien, release, or other document is filed that includes that name.

Title alerts may capture recordings such as:

  • Warranty deeds
  • Quitclaim deeds
  • Liens
  • Deeds of trust
  • Affidavits that affect title
  • Other documents containing the name you registered

If someone attempts to transfer or encumber your property without authorization, you will receive near-real-time notice.

Signing up is straightforward. Visit the Maricopa County Recorder’s Title Alert page, enter your name (including variations), and include the names of any trusts, LLCs, or other entities that hold title to your property. Choose email or text notifications, complete the confirmation steps, and the system will begin monitoring immediately.

It is important to understand what Title Alert does—and does not—do. The service does not prevent a forged document from being recorded and cannot confirm whether a document is valid. It also does not replace a title search, title insurance, or legal advice. What it provides is time. Early notice allows property owners to address a suspicious recording while corrective options are still available.

Title Alerts in Arizona’s Other Largest Counties

Property owners outside Maricopa County or those who own property in several counties should enroll in all available alert programs.  Several Arizona counties offer alert or recording-notification tools in Arizona.  If you want to sign up an alert service in your county, you should confirm your county offers this service and also confirm the scope of the title alert service.  You should also consult an attorney if any questions about this process. These alert systems generally notify you when a document containing the registered name is recorded, but they do not guarantee that every document affecting a property will trigger an alert.

Who Should Use Title Alerts

Title alerts are easy to use and beneficial for nearly any property owner. They are especially valuable for individuals at higher risk of deed-related fraud attempts.

Homeowners should consider enrolling if the property is:

  • vacant or only occasionally occupied
  • a seasonal or part-time residence
  • owned free and clear
  • held long-term with minimal day-to-day oversight

Out-of-state owners and older owners may face increased exposure because scammers often target properties with substantial equity or limited on-site monitoring.

Home buyers can monitor the seller’s name during escrow to detect unexpected liens, transfers, or ownership changes before closing. If an unexpected recording appears during inspection or closing, it should be investigated promptly with the escrow officer, title company, or legal counsel.

Investors and landlords benefit from alerts on multiple properties, LLCs, and trust names. Vacant rentals, inherited property, and entity-owned homes can sometimes be targeted in fraudulent transfer schemes.

Realtors and title professionals can recommend these alert systems to clients as a best practice and may use them to verify that a seller’s ownership status has not changed during the transaction period.

Early Warning Signs of Title Fraud

While title alerts provide early notice of new recordings, homeowners should also stay alert for other potential red flags. Common indicators include:

  • A document recorded on your property that you do not recognize
  • Your property being listed online for sale or rent without your involvement
  • Notices of loans, liens, or mortgages you did not authorize
  • Mail addressed to someone else as the owner
  • Individuals attempting to access, occupy, or claim the property
  • Pressure to bypass normal escrow, title, or verification procedures during a transaction

Our recent articles on multi party real estate fraud and fraudulent misrepresentation provide additional examples of how these schemes can occur in Arizona.

What To Do If You Receive a Title Alert

If you receive an alert, do not ignore it. Open the notification and use the county search tool to view the recorded document. Look for names, signatures, or legal descriptions that you do not recognize. If anything appears suspicious, contact a real estate attorney immediately. It is often possible to challenge or void a fraudulent recording before it disrupts financing, closing timelines, or lawful ownership rights.

Contact your title insurer as well if the new recording might interfere with a past or ongoing transaction. Report suspected fraud to the County Recorder and to law enforcement. Do not try to contact the suspected scammer yourself.

Responding right away can be the difference between a quick fix and months of litigation.

Why Alerts Alone Are Not Enough

Title alerts are powerful, but they do not replace the need for traditional protections. Homeowners should still rely on proper title insurance, professional title searches, reputable escrow services, and attorney review for unusual transactions. Think of title alerts as a first layer of defense.

For deeper insight into how fraudulent filings are challenged or reversed, readers can explore Gottlieb Law’s recent article on Arizona’s landmark foreclosure fraud lawsuit.

How Gottlieb Law Helps With Title Problems and Property Fraud

Real estate fraud moves quickly, and prompt legal action is essential. Gottlieb Law represents homeowners, buyers, investors, and businesses in disputes involving forged documents, fraudulent deeds, quiet title actions, escrow disputes, and multi party fraud schemes. If you receive a title alert, discover an unfamiliar recording, or suspect fraud of any kind, an early consultation can help you understand your options and prevent serious complications.

Final Thoughts on Title Fraud and Alerts

This recent case in Scottsdale shows how fast property fraud can unfold in Arizona. These title alerts are a straightforward way for any homeowner to safeguard their ownership. If you own property in Arizona, take a moment to register your property and name today. If anything looks unusual, the real estate attorneys at Gottlieb Law are here to help.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

 

Arizona 2025 Reforms LLC Filing Requirements - Gottlieb Law
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Arizona Corporation Commission’s 2025 Reforms: Preventing LLC Fraud
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Do not act or rely on this information without consulting qualified legal counsel. Laws change frequently, and only a licensed attorney can provide advice specific to your circumstances.


Arizona’s New Business Filing Rules Aim to Prevent LLC Fraud

Real estate transactions in Arizona move fast, but until now, the state’s business filing system hasn’t kept pace.  Following a surge in fraudulent LLC filings and ownership disputes, the Arizona Corporation Commission (ACC) has rolled out new 2025 rules that reshape how LLCs are formed, managed, and verified.

In recent years, bad actors have hijacked legitimate LLCs — sometimes by submitting a simple fraudulent filing.  Because the ACC traditionally functioned as a ministerial office (accepting documents without verifying accuracy), it became a target for identity theft, impersonation, and unauthorized ownership changes.  Many of those affected owned high-value real estate.

The fallout has been significant: failed escrows, delayed closings, and lenders backing out of deals due to uncertainty over ownership.  After extensive investigative reporting and pressure from business and real estate stakeholders, the ACC implemented sweeping 2025 reforms designed to strengthen Arizona’s business registry and reduce fraud.

What the ACC Actually Changed in 2025

Two Forms of ID Now Required for In-Person Business Filings

Beginning June 16, 2025, the ACC requires anyone filing in person on behalf of a business—whether for formation, amendment, or other entity record changes—to present two valid forms of identification. This applies to all in-person business filings handled through the Corporations Division.  These can be either two primary IDs (for example, a state-issued driver’s license and a passport) or one primary and one secondary form (such as a pay stub, voter registration card, or health-insurance card).

Approved law firm couriers and professional filing services are subject to separate ID verification procedures authorized by the ACC.

Remote ID verification will also be required once the Commission’s new online filing system launches later in 2025. According to draft ACC guidance, the remote process will likely involve secure upload of identification documents and live-photo or video confirmation checks to authenticate the filer’s identity.  For more details, refer to the ACC’s official announcement of the new policies to prevent business fraud in Arizona.

New Signing-Authority Form for LLCs

The ACC now permits current members or managers of an LLC to file an optional Signing-Authority Form. This document identifies non-members who are pre-authorized to file on the LLC’s behalf—such as attorneys, accountants, or trusted administrative staff.

Importantly, filing this form is entirely optional and does not alter or override the statutory authority of existing members or managers. It simply provides the ACC with a record against which to verify filings, reducing the risk of fraudulent or mistaken submissions by unauthorized third parties.

Dormant LLCs Face Administrative Dissolution

If an LLC has no filings for two consecutive years, the ACC will email the entity’s statutory agent each January requesting a simple attestation of existence.

If no response is received within 60 days, the LLC’s status will shift to “Pending Inactive.” This status does not immediately dissolve the company, but it signals the entity is at risk. If no corrective action is taken within the following 120 days, administrative dissolution will occur. Reinstatement after dissolution may require additional filings and fees.  

This attestation process will begin once the ACC’s new online filing portal is live, with the first batch of notices expected as early as January 2026, depending on the rollout of the ACC’s new online filing portal.  Now is the time to confirm that your statutory-agent email address and LLC contact information are accurate and up to date.

Custom Corporate Forms Now Allowed

Arizona corporations may now submit customized versions of their Annual Reports or Certificates of Disclosure, provided each filing includes the Arizona Corporation Commission’s official Guidance Worksheet. 

Filings that omit the worksheet will be rejected.

This policy gives corporate filers more flexibility in documenting disclosures, but it also raises the stakes for accuracy. Even when using custom formats, corporate filers must still meet all statutory disclosure requirements under the Arizona corporate code. Missing required content or formatting could result in rejection or delayed approval.  Any formatting or statutory-content errors could delay acceptance or approval, which may in turn impact pending transactions.

Practical Implications for Arizona Real-Estate Entities

These updates aren’t theoretical. For real-estate entities that use LLCs to hold or manage property, the 2025 ACC reforms have direct operational consequences.

  • Title and lending impacts: Expect title companies and lenders to scrutinize ACC records more closely. If your authorized signer isn’t on file—or your entity shows as “Pending Inactive”—your closing could be delayed or even denied.

  • Email and agent accuracy: The ACC’s attestation-of-existence notices are sent by email to each statutory agent. If that message goes unnoticed, your entity could move toward administrative dissolution, disrupting active deals.

  • Internal safeguards still matter: Even with these reforms, the ACC cannot prevent filings submitted by a legitimate member or manager, even if they are unauthorized internally. Your operating agreement and internal controls remain your first line of defense against mistaken or improper filings.

Risk-Management Playbook for Arizona Real-Estate Owners

The Arizona Corporation Commission’s 2025 reforms introduce new verification and recordkeeping requirements that every real-estate owner or investor should understand. Here’s how to stay protected and keep transactions running smoothly:

1. File the Signing-Authority Form Now

Designate a short, trusted list of individuals—such as your attorney, senior executives, or long-term administrative staff—to file on your behalf. Update the list whenever personnel or representation changes.

This helps prevent unauthorized or mistaken filings by third parties, vendors, or individuals misrepresenting authority.

2. Use In-Person Filings for Key Changes

Until the ACC’s remote ID verification system is live, in-person filings remain the most secure option. Bring valid identification, and ensure that your agent, courier, or runner understands the new two-ID requirement.

3. Build Dual-Approval Into Your Operating Agreement

Adopt a two-signer rule for sensitive actions—such as appointing a new statutory agent, transferring membership interests, or amending ownership records.

Dual approvals can prevent internal disputes and reduce exposure to unauthorized filings that could compromise control of the entity.

4. Monitor Your ACC Entity Records

Set up notifications through the ACC’s online portal or a reputable third-party monitoring service. Immediate alerts can help you detect and respond quickly to unexpected or unauthorized changes in your LLC records.

5. Align Title and Banking Signatures

Ensure your title company, escrow officer, and financial institutions have up-to-date signer information that matches what’s on file with the ACC. Mismatched records can stall or void transactions at critical stages of closing.

Special Situations Requiring Extra Attention

Certain ownership structures and investment models involve higher complexity under the new ACC policies:

  • Portfolio or Series LLC structures
  • Joint ventures with rotating or third-party managers
  • Dormant or distressed holding companies
  • Foreign-owned or out-of-state LLCs relying on service providers

Each of these situations presents unique legal and operational challenges.

Closing Table Checklist

To avoid surprises during your next real estate transaction, consider including these items in your closing documents:

  • A representation that the signer has authority under the Arizona Corporation Commission’s Signing Authority Form, if one is on file.
  • A condition confirming that the LLC is not marked as “Pending Inactive” or scheduled for administrative dissolution.
  • A post-closing calendar with annual reminders for updating statutory-agent information and reporting member or manager changes.

What to Watch for Next

The June 2025 ACC reforms are only the beginning. The Commission’s new online portal will introduce additional features, including:

  • Digital ID verification for remote filings, and
  • Automated alerts for dormant-entity status changes.

Stay alert for possible updates or procedural adjustments. Earlier this year, the ACC also discussed potential pre-registration checks and other gatekeeping measures for new entities—topics that may resurface as the new system evolves.

You can check the ACC’s notices page for updates, or let us track it for you and flag anything that affects your business.

How Gottlieb Law Helps Real Estate Clients in Arizona

Gottlieb Law works closely with real estate investors, developers, and sponsors to form and maintain compliant LLCs in Arizona. Our team provides:

  • LLC setup, planning, and documentation
  • Signing Authority form preparation and filing
  • Operating agreement updates for dual-control mechanisms
  • Deal diligence and clean-up services for transactions
  • Litigation support for disputed or fraudulent filings

Whether you’re just starting your entity or need to untangle an existing issue, our legal team is here to help.

Talk to Experienced Attorney Near You Before Your Next Filing

Arizona’s new rules are here to stay and your filings need to be airtight.  Don’t wait until a title issue, lender concern, or administrative error throws your deal off track.

Let our knowledgeable attorneys review your entity structure, recommend best practices, and help you file correctly under the 2025 ACC rules.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.


Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

Arizona’s Adaptive Reuse Law Explained Converting Commercial Buildings into Housing - Gottlieb Law
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Arizona’s Adaptive Reuse Law Explained: Converting Commercial Buildings into Housing
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.


Arizona’s Bold Move to Boost Housing Supply

The Grand Canyon State has taken a significant step to address its housing shortage. If you own or manage an underperforming office, retail, or mixed-use property, Arizona’s new adaptive reuse law (formerly House Bill 2297) may directly affect you.

Effective April 7, 2025, A.R.S. § 9-462.10 establishes a streamlined process for converting qualifying commercial buildings into residential units — without requiring rezoning or public hearings.

This landmark change could reshape development opportunities across Arizona. Whether you’re a developer planning adaptive reuse projects or a municipality preparing your “objective standards” under the new law, Gottlieb Law can help you navigate these evolving requirements.

A.R.S. § 9-462.10 at a Glance

Originally enacted through House Bill 2297, A.R.S. § 9-462.10 creates a simplified approval pathway for adaptive reuse and multifamily development. The statute allows certain commercial properties to be repurposed for residential use so long as they comply with objective health, safety, and building standards adopted by the local jurisdiction.

What Buildings Qualify and What Standards Apply Now

Arizona’s adaptive reuse law (A.R.S. § 9-462.10) does not grant blanket approval for all commercial properties to become housing. To qualify, a property must meet specific statutory criteria, and municipalities may apply only a narrow set of objective standards — nothing subjective or discretionary.

Here’s how the requirements break down.

Eligible Properties:

To qualify for adaptive reuse or multifamily conversion under the statute, a property must:

  • Be an existing commercial, office, or mixed-use parcel.
  • Consist of at least one acre but not more than twenty acres.
  • Contain buildings that are economically or functionally obsolete, meaning the property is in disrepair or has at least 50% vacancy in total leasable square footage.
  • Be located in a municipality with a population of 150,000 or more, since those cities are specifically required to adopt the objective standards within 90 days after April 7 2025.

Note: The term “obsolete” is defined by statute, but municipalities may still attempt to interpret its application narrowly. For example, cities like Scottsdale have indicated they may adopt more restrictive criteria — positions that could invite future legal challenges. Gottlieb Law is closely monitoring these local interpretations and can advise property owners as municipal standards are finalized.

The statute expressly excludes parcels within historic districts, near military or commercial airports, and on tribal land (A.R.S. § 9-462.10 (G))

Required Objective Standards 

Under A.R.S. § 9-462.10(C), the objective standards established by municipalities shall require only the following elements for qualifying adaptive reuse or multifamily projects:

  • Site plan review and approval, including review by affected utility providers.
  • Verification of adequate public sewer and water service.
  • Compliance with applicable building and fire codes.
  • Confirmation that existing buildings are economically or functionally obsolete.
  • A parcel size between 1 and 20 acres.
  • A minimum 10% affordable-housing set-aside for moderate- or low-income households, maintained for at least 20 years after occupancy.
  • Parking standards that may not exceed whichever is lesser — the existing multifamily or commercial requirements.

Municipalities must include these standards — and may not add any additional or discretionary requirements beyond them.  Any attempt to impose subjective design criteria, public hearings, or compatibility reviews would likely violate the statute’s express limitation.  Developers may, at their sole discretion, dedicate a greater share of units as affordable housing.

Eligibility Minimums, Exclusion Zones, and Demolition Rights

To ensure a balanced rollout, A.R.S. § 9-462.10(A)(1) requires municipalities to make at least 10% of existing commercial, office, or mixed-use parcels eligible for multifamily or adaptive reuse.  In practice, that means cities must make at least 10% of those parcels eligible, but they can review and adjust that percentage once every ten years.  Municipalities may not exclude parcels from eligibility if the average sound level is below 65 decibels.  Existing buildings that exceed current setback or height limits may retain their original dimensions and are considered legally nonconforming under the statute.

Why the Adaptive Reuse Law Was Passed — and Why It Matters Now

Arizona faces a dual real-estate challenge:

  • A severe housing shortage driven by population growth and constrained supply; and
  • Rising commercial vacancy, especially in post-pandemic office markets.

The Legislature designed A.R.S. § 9-462.10 to address both problems by making it faster and more predictable to repurpose aging or underused commercial space for housing.

Arizona now joins a growing list of states experimenting with adaptive-reuse incentives—but unlike most, it has preempted local discretionary zoning barriers in a significant way.

Cities such as Tucson are already advancing draft code amendments to align with the statute, while others, including Scottsdale, are facing legislative and developer pressure to ensure local rules remain consistent with the state’s intent.

Whether you’re a private developer, real-estate fund, or nonprofit housing organization, it’s important to consult experienced Arizona real-estate counsel to determine whether your property qualifies and how to position projects as local standards come into force beginning April 7 2025.

Who Benefits and What to Watch 

Commercial Property Owners & Developers

If you own outdated office, retail, or mixed-use space that has been difficult to lease or sell, Arizona’s adaptive reuse law (A.R.S. § 9-462.10, formerly HB 2297) may finally make conversion financially feasible.

However, qualification is not automatic. There are several technical and legal criteria that still apply:

  • Confirm eligibility: Your property must meet the statute’s definitions, including being economically or functionally obsolete (typically 50% vacant or in disrepair).
  • Assess infrastructure: Adequate water, sewer, and utility capacity remain mandatory prerequisites.
  • Review parking and density: Cities must apply the lesser of their commercial or multifamily parking requirements, and height/density caps are governed by the statute.
  • Affordable-housing set-aside: The required 10% set-aside for low- or moderate-income housing is mandatory and must be maintained for at least 20 years.

This is where Gottlieb Law’s real estate attorneys provide value by evaluating project eligibility, preparing compliance plans, and guiding developer negotiations with city staff during implementation.

Municipalities and Planning Departments

Under A.R.S. § 9-462.10(A), municipalities with populations of 150,000 or more must adopt objective standards within 90 days after the law’s effective date.

Cities that fail to act, or that attempt to impose discretionary criteria beyond the statute’s limits, could face legal challenges or state preemption.

Several cities are already drafting zoning-text and general-plan amendments. Others appear to be moving more slowly, which could expose them to claims of statutory non-compliance.

Gottlieb Law also advises municipalities on how to balance compliance with community interests while avoiding prohibited forms of subjective or arbitrary review.

Challenges & Strategic Considerations

Even with its benefits, the new law introduces practical and legal complexities. Key considerations include:

  • Municipal resistance: Some cities may test the limits of the statute by imposing extra conditions (for instance, Scottsdale has been criticized for requiring a six-month vacancy period not found in the law).
  • Infrastructure strain: Older water and sewer systems may constrain redevelopment even if entitlements are available.
  • Structural and retrofit costs: Adaptive reuse can be capital-intensive, often revealing hidden costs such as asbestos removal or major mechanical upgrades.
  • Market feasibility: Not every location suits residential use despite statutory eligibility; access, amenities, and neighborhood fit still matter.
  • Legal gray areas: It remains to be seen how courts will treat cities that fail to adopt standards on time or that enact conflicting regulations.

Early legal consultation can help minimize these risks and ensure timely compliance.

Real Use Cases Emerging

Interest is already building across Arizona:

  • According to the ADOH FY 2025 Low-Income Housing Tax Credit Projects Report, Arizona is actively supporting large-scale affordable housing development — underscoring how the new adaptive-reuse statute (A.R.S. § 9-462.10) enters into a policy environment where affordable units are increasingly embedded in redevelopment deals. Low Income Housing Credits (LIHTC) projects.
  • Phoenix commercial property conversions are growing and the city is one of the leading markets for office space conversions.

Each case is different, but the one constant is that the legal and regulatory pathway is now clearer for qualifying commercial properties.

How Gottlieb Law Can Help Navigate the Adaptive Reuse Law

With decades of experience in Arizona real-estate and land-use law, Gottlieb Law, PLC is uniquely positioned to guide clients through this evolving legal framework:

  • Developers: Entitlement, zoning, and risk-management counsel
  • Property owners: Feasibility analysis and asset-value recovery strategies
  • Municipal clients: Statutory-compliance and ordinance-drafting support
  • Investors and lenders: Due-diligence and regulatory certainty

Whether you’re pursuing a conversion opportunity or implementing municipal standards, our attorneys can help you proceed with confidence and full legal compliance under A.R.S. § 9-462.10, effective April 7, 2025.

Ready to Convert? Talk to a Real Estate Attorney Who Gets It

Let’s Make Arizona’s Adaptive Reuse Law Work for You

The window for early action is here and it’s important to act now if you could be impacted by this new law. Whether you’re trying to convert, invest, or prepare for implementation, Gottlieb Law can help you do it the right way.

With this new law, many Arizona commercial property owners will be able to turn a vacant space into a new residential housing opportunity. Contact our experienced real estate law firm to see how we can help with your adaptive reuse project in Arizona.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

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