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An Arizona eviction notice is a document the landlord issues to the tenant, informing them that they have a certain deadline by which they must leave the leased property. In certain cases, the landlord will give the tenant the option to remedy the violation they have committed and continue the lease.
If the tenant doesn’t remedy the violation and doesn’t vacate the property, the landlord can initiate the eviction process before the Arizona Justice Court.
If the landlord wins the legal proceedings, the court issues the Writ of Restitution, which is a final notice for the tenant to leave the leased unit.
Types of Eviction Notice in Arizona
In Arizona, the type of eviction notice depends on the reason for the eviction. Below, you can find the most common types of eviction notices.
Notice to Pay Rent or Quit
The landlord can send an eviction notice to the tenant as soon as the rent payment due date has passed. The notice informs the tenant of their default rent payment and gives them 5 days to pay the due rent or vacate the property.
Non-Compliance
If the tenant violates the lease terms that are considered repairable or provides false information in their rental application, the landlord can issue a notice to cure or quit within a 10-day period.
Unconditional Quit Notice
For some violations, the landlord can issue a notice to the tenant to vacate the premises within 10 days without the possibility of remedy. Some of the violations that fit in this category are:
Unconditional Quit Notice
Homicide
Prostitution
Use or sale of illegal drugs
Assault or discharge of a weapon
Month-to-Month
If the tenant resides on the leased property on a month-to-month basis, the landlord can end this tenancy by issuing a 30-day notice to the tenant to vacate the property.
Eviction Laws and Requirements in Arizona
Laws & Requirements
Grace period for rent payment. No grace period unless otherwise provided in the lease agreement. (§ 33-1314(c))
Non-payment of rent. 5-day notice to pay or quit (§ 33-1368(B))
Irreparable breach of lease rules. Immediate termination of the lease agreement (§ 33-1368(A)(2))
Material non-compliance. 10 days to remedy or quit (§ 33-1368(A)(2))
Termination (month-to-month lease). Thirty 30 days to vacate the property. (§ 33-1375(B))
When is Rent Late in Arizona?
In Arizona, the rent is late as soon as the due date provided in the lease agreement has passed.
If the landlord and the tenant haven’t agreed on the due date, the rent is due on the first day of every rental period. In the case of a month-to-month lease, the rent is due on the first day of the month.
Grounds for Eviction in Arizona
Some of the most common reasons for eviction in Arizona are:
Grounds for Eviction
Late rent payment
A material breach of the house rules
Irreparable breach of the lease agreement
Providing false information in the rental application
Violation of the health and safety rules at the leased unit
End of the lease term
Eviction Process in Arizona
The eviction process in Arizona starts with the landlord issuing the eviction notice to the tenant. It can last from one to six weeks or more. Below, you can see all the steps of the process.
#1. Write a Notice
The landlord writes a notice stating the reasons for eviction and notifies the tenant about the deadline by which they must vacate the premises. In some cases, the landlord might give the tenant the option to remedy.
#2. Deliver a Notice
You, as a landlord, can deliver the notice to the tenant in person or via mail. If you decide to send the notice via mail, make sure you do it via certified or registered mail, so you can have proof that the tenant received it.
If the tenant doesn’t act in accordance with the instructions from the eviction notice, the landlord can initiate proceedings before the court.
#3. File the Lawsuit
After the eviction notice expires, the landlord can file the eviction lawsuit at their local Arizona Justice Court. The landlord must submit the Complaint and Summons Form and a copy of the notice that was sent to the tenant previously.
#4. Serve the Tenant
The court will then serve the tenant with the summons for the court hearing, along with all supplementary documents. The summons are delivered to the tenant by the sheriff's office or another authorized body. The tenant will then have the option to respond to the landlord’s claims and allegations.
#5. Wait for the Court’s Judgment
If the tenant responds to the landlord's allegations, the court will hold a hearing and make the judgment. In case the tenant doesn’t answer, the court moves on and enters the default judgment in the landlord's favor. Both the landlord and the tenant can appeal the judgment within 5 calendar days.
#6. Issuing of the Writ of Restitution
If the court decides in favor of the landlord, it will also issue the Writ of Restitution, which serves as the final notice to the tenant to vacate the premises. In the event that the tenant doesn’t leave the property after the writ expires, the sheriff can execute the writ by forcefully removing the tenant from the leased unit.
Other Eviction-related Court Forms in Arizona
Other Eviction-Related Forms
Eviction Action Answer (LJEA00004F). The tenant can use this form to answer the landlord’s allegations before the court.
Complaint (AOC LJEA2F). This document informs the tenant that the landlord initiated the eviction lawsuit before the court.
Summons (AOC LJEA1F). Summons contain information about the date, time, and place of the court hearing related to the eviction lawsuit.
Writ of Restitution (LJEA00007F). This document serves as the last notice to the tenant to vacate the leased property.
Eviction Information for Landlords in Arizona
The landlord cannot forcefully remove the tenant from the leased property by using self-help methods. They must first issue the eviction notice and eventually start the eviction process before the court. The landlord can use the Writ of Restitution to initiate the forceful eviction executed by the sheriff’s department or other authorized body.
If the tenant leaves any personal belongings behind, the landlord must hold them for 14 days and provide a Notice of Abandonment. Only after this period can the landlord dispose of the tenant’s belongings.
Eviction Information for Tenants in Arizona
There are a few possible ways the tenant can fight the eviction, namely:
Eviction Information for Tenants
The tenant can recover possession of the leased premises if the landlord used unlawful methods to remove the tenant from the premises or if they interrupted services like electricity, gas, or water to the tenant to force them to leave the premises.
If the tenant pays the due rent, all the late fees, attorney’s fees, and court costs, if any of them occurred.
In case the tenant remedies all the violations of the lease agreement.
If the tenant can prove that the eviction is initiated as a retaliatory measure against them for exercising some of their legal and legitimate rights.
How to Write an Eviction Notice in Arizona
Arizona Eviction Notice Checklist
Arizona Eviction Notice FAQ
You can file an eviction notice if the tenant has any unpaid rent if they’ve violated any of the lease rules, if the lease term is over and you don’t wish to extend it, and more.
The eviction notice must be submitted to the tenant before initiating the eviction process before the Arizona courts. When filing an eviction lawsuit, the court requires the landlord to submit a copy of the eviction notice along with the receipt that the tenant received it.
The eviction process can take anywhere between one and six weeks. This depends mostly on the reasons for eviction, the willingness of the tenant to enter into a dispute, and the efficiency of the administration.
Only in cases where the tenant commits a certain illegal activity, such as homicide, assault, the sale or use of a controlled substance, prostitution, and more, can the landlord notify the tenant to immediately vacate the property. In other cases, the landlord must issue a 5-day to 30-day eviction notice, depending on the reason(s) for the eviction.