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.