• Rent Grace Period: Date stipulated on the lease.^[1]
• Irreparable Breach: Immediate.^[2]
• Non-Payment of Rent: 5 days.^[3]
• Material Non-Compliance: 10 days.^[4]
• Termination (Month-to-Month Lease): 30 days.^[5]
• Eviction Lawsuit: Forcible Entry and Detainer.^[6]

Utility Shutoff – The landlord is required to deliver the premises to the tenant in a safe and working order with the delivery of public utilities at all times.^[7][8] If the landlord fails to deliver the premises in this manner, the tenant can send a 5-day notice to the landlord to terminate the lease. If such failure to deliver is not in good faith, the tenant can recover up to 2 months’ rent or twice the damages done, whichever is greater.^[9]

Answer (LJEA00004F) – The tenant uses this form to either admit or deny the allegations made against them. The form is to be duplicated and filed with the court clerk along with the filing fee.

Complaint (AOC LJEA2F) – The Complaint form is to notify the tenant, following the delivery of a written notice, that the landlord is suing them. A copy of the complaint should be delivered to the court and served on the tenant.

Summons (AOC LJEA1F) – The Summons form is used to notify the tenant that they are summoned to the court on the specified date. This should be delivered to the tenant along with the complaint form.

Residential Eviction Information Sheet (REIS) – The REIS can be served along with the complaint and summons to provide the tenant with the information necessary to admit to or reject the claims against them.

Writ of Restitution – A document applied for by the landlord and served on the tenant by a constable who will direct the tenant to vacate the property.

Before any filings are made with the court, the landlord must provide written notice to the tenant that the eviction process has begun.  Use the eviction notice that best matches the tenant’s violation:

• Notice of Irreparable Breach
• 5-Day Notice (Non-Payment of Rent)
• 10-Day Notice to Quit (Material Non-Compliance)
• 30-Day Notice to Quit (Month to Month)

The landlord must wait for the notice period to see if the tenant responds to either remedy the violation or make the rental payment that is due. The landlord is authorized to proceed with the eviction process in court if the tenant does not cure the violation or respond 1 business day after the notice is delivered.^[12]

The landlord must file the following forms with the court:

• Lease agreement (incl. addendums);
• Complaint (AOC LJEA2F) – 3 copies (4 copies if two tenants);
• Summons (AOC LJEA1F) – 3 copies (4 copies if two tenants);
• 6-months of payments (conditional) – If for late rent, the landlord must present receipts of all payments made by the tenant in the last 6 months.^[13]

The filing fee depends on the county and is commonly between $35 to $110. For example, the following counties are as follows:

• Maricopa County – $63^[14]
• Mohave County – $45^[15]
• Pima County – $103^[16]
• Pinal County – $55^[17]
• Yavapai County – $35^[18]

After the landlord files an eviction with the court, the clerk will give a court hearing date. The landlord must inform the tenant of the action filed against them by sending the following filed forms:

• Complaint (copy of filing)
• Summons (copy of filing)
• Answer
• Residential Eviction Information Sheet (REIS)

The above forms must be sent by a constable, sheriff, or licensed process server at least 2 days before the court hearing date.^[19]

All parties must appear on the court hearing date. If the eviction is approved, the landlord should bring a copy of the Judgment for the Judge to sign.

If the eviction is for non-payment of rent (only), the tenant can reinstate their lease if they pay all back rent, penalties, court costs (for the landlord), and attorney’s fees before the Judgment is signed.^[20]

If the Judgment is signed and the landlord wins their case, the tenant will have 5 days to remove themselves from the property.

If the tenant has not moved out of the property within 5 days of the signed Judgment, the landlord can file a Writ of Restitution. If approved, the landlord can deliver the signed Writ of Restitution to the local Sheriff or constable to serve the tenant.^[21]

If the tenant remains on the property after being served the Writ of Restitution and without the landlord’s consent, they could be charged with criminal trespass.